ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00017673
Parties:
| Complainant | Respondent |
Anonymised Parties | An employer | A manufacturing company. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00022823-001 | 23/10/2018 |
Date of Adjudication Hearing: 07/12/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed as a Fitter in the Respondent business from 12/09/2011 to 13/04/2018 at which time the Respondent business closed. The Complainant lodged his complaint with the Workplace Relations Commission (WRC) on 23/10/2018. The Complainant is looking for his statutory notice. |
Summary of Complainant’s Case:
The Complainant was employed from 12/09/2011 to 13/04/2018 when the business ceased trading without notice. The Complainant made several attempts to contact his employer, the Respondent, without success to enquire about his statutory entitlements. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
I am satisfied that the correct communication regarding the hearing of the complaint was sent to the Respondent in a timely manner and were properly addressed. The Complainant should have received four weeks’ notice or payment in lieu of such notice. I find that the complaint is well found and order the Respondent to pay the Complainant the sum of €2,828.00 that he has an entitlement to. Such sum should be paid to the Complainant within 42 days from the date of this notice. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The complaint is well found and the payment of compensation as outlined above should be made within 42 days. |
Dated: 17.12.18
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
|