ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008270
Parties:
| Complainant | Respondent |
Anonymised Parties | A Project Manager | A Radio Broadcaster |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00011001-001 | 26/04/2017 |
Date of Adjudication Hearing: 24/08/2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant commenced employment on 1st December 2014 as a Project Manager with the Respondent, a radio broadcasting organisation. He was made redundant on 21st April 2017 having received his notice. He was paid €461.53 gross per 39-hour week. A Complaint From was received by the WRC on 26th April 2017. |
Summary of Complainant’s Case:
The Complainant stated that when he submitted his Complaint Form to the WRC he had not received his redundancy payment which the Respondent had had told him he would receive on the date of his termination (21st April 2017). However, since he submitted his complaint under the Redundancy Payments Act, he has come to the belief that he will receive the statutory redundancy payment and therefore he no longer wishes to pursue his complaint under that Act. However, the Complainant does not believe he received his full holiday pay entitlements for the 2016-2017 leave year; he contends that he only took seven days leave and is therefore due 13 days’ holiday pay for the period in question. The Complainant did not have any documentation to support this claim. The Complainant stated that he had made many attempts to get satisfaction from the Respondent, through board members, following his termination but had only received a limited response. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. I am satisfied that the Respondent was written to at the correct address. |
Findings and Conclusions:
As the Complainant no longer wishes to pursue the claim for a redundancy payment I deem the complaint withdrawn. This complaint was lodged under the Redundancy Payments Act, however, the only complaint raised at the hearing was the alleged non-payment of holiday pay. I do not have jurisdiction in this matter in this instance as it does not fall within the scope of the Redundancy Payments Act. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I decide that the complaint under the Redundancy Payments Acts fails for lack of prosecution. |
Dated: 21 February 2018
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Redundancy |