ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00011360

Parties:

Complaint(s):

Date of Adjudication Hearing: 13/Mar/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following 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 claimant was employed by the respondent from the 1st March 2011 until the 3rd March 2017. He worked 39 hours and was paid €624 gross per week. It was submitted that the respondent changed its name in 2015 and the claimant’s employment transferred to the new Company. The claimant stated that his employment was terminated due to a loss of business in March 2017. It was submitted that the claimant completed the Form RP77 under the Redundancy Payments Acts 1967 to 2007 and issued it to the respondent. On the 1st September 2017, the respondent replied stated that the claimant did not have the required 104 weeks to qualify for redundancy payment. The union stated that the claimant had 6 years continuous service with the respondent and that he was entitled to his redundancy.

Findings

The parties agree that the claimant commenced employment in 2011 and that the respondent changed the name in 2015. I find that the claimant’s service was continuous from 1st March 2011 until March 2017 with the new named company.

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 find that the claimant is entitled to redundancy payment in accordance with his service from 1st March 2011 until his employment was terminated in March 2017

Dated:   31 July 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell