ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00013432
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Operative | A contract engineering company |
Representatives | Self | Did not attend |
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-00017838-001 | 8/Mar/2018 |
Date of Adjudication Hearing: 25/May/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
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 was employed by the Respondent as a General Operative on 10/03/2015. His rate of pay was €600 per 40-hour week. On 21st December 2017, the Complainant was informed that the Respondent Company would have to make him redundant the next day i.e. 22/12/2017. The Complainant was informed that there would be a meeting on 12/01/2018 to discuss redundancy pay and outstanding holidays. |
Summary of Complainant’s Case:
As outlined above, the Complainant was given no notice of his redundancy and despite efforts to contact the Respondent his calls and emails have remained unanswered. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing and offered no explanation in relation to his non-attendance. Communications in relation to the complaint and hearing were sent to the registered offices of the Respondent. |
Findings and Conclusions:
The Complainant has been treated badly by the Respondent. The Complainant is due a statutory redundancy payment under the Redundancy Payments Act 1967. The Complainant is due two weeks’ notice under the Minimum Notice and Terms of Employment Acts 1973 – 2001. The Complainant is due outstanding holiday entitlements under the provisions of the Organisation of Working Time Act 1997. |
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 order the Respondent to pay to the Complainant the payments outlined above. Payments should be made within 42 days of the date of this decision. |
Dated: 26/07/18
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy payments; Minimum Notice; outstanding holidays. |