ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012071
Parties:
| Complainant | Respondent |
Anonymised Parties | A Maintenance Manager | An Employer |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00016041-001 | 28/11/2017 |
Date of Adjudication Hearing: 13/06/2018
Workplace Relations Commission Adjudication Officer: James Kelly
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 complainant is seeking his entitlement to a redundancy lump sum payment. |
Summary of Complainant’s Case:
The complainant was employed as a Maintenance Manager/Care-taker with the respondent from 1 August 2007 until 1 January 2017. He said that he was working on a number of different sites when the respondent was doing well but as the respondent started to lose contracts his work dried up. He said that he received a phone call in and around 1 December 2016 to say that he would finish as of the new year as there was no more work available and there was no alternative work that the respondent could offer him. He said that the respondent has since gone into voluntary liquidation. He said that there were no significant breaks in his service and he was continually employed with the respondent for nearly 9 and half years. He submitted records to support this. |
Summary of Respondent’s Case:
The respondent is in voluntary liquidation and the liquidator was informed of the hearing details but was not in attendance on the day. |
Findings and Conclusions:
I am satisfied that all parties were put on notice of the hearing several weeks in advance of the hearing. I am satisfied that there was no reason before me to postpone the hearing and not to continue my investigation into this case. The complainant gave uncontroverted evidence that his employment was terminated by way of redundancy on 1 January 2017. I note the complainant was in receipt of different weekly payments depending on hours worked. Having regard to the Redundancy Payments Acts and, in particular, to the accompanying Schedules, I have calculated from the documents presented to me by the complainant that the appropriate remuneration gross pay per week prior to his redundancy as per Schedule 3 is €85 per week. I find as fact that the complainant commenced employment with the respondent on 1 August 2007 and worked there continually until his employment came to an end on 1 January 2017. I find that there were no breaks in either his continuity of service or of reckonable service during the period of his employment. I determine that the complainant is entitled to a statutory redundancy lump sum payment pursuant to the Redundancy Payments Acts. |
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, pursuant to the Redundancy Payment Acts, the complainant is entitled to a statutory redundancy lump sum payment calculated as per the following criteria: Date of commencement of employment: 1 August 2007 Date of notice of termination of employment: 1 December 2016 Date of end of employment: 1 January 2017 Weekly gross pay: €85 per week This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the respective period of employment. |
Dated: 31st July 2018
Workplace Relations Commission Adjudication Officer: James Kelly
Key Words:
Redundancy Payments Acts - Maintenance Manager - entitlement to a redundancy lump sum payment - respondent in voluntary liquidation |