ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00013447
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | An engineering contract 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-00017888-001 | 12/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 is a Mechanical Fitter and commenced employment with the Respondent on 25/08/2014. His rate of pay was €740 per 40-hour week. On 21/12/2017 the Complainant was informed that the company was closing and he would be made redundant the following day. He was not paid any redundancy; outstanding holiday pay or payment in lieu of notice. |
Summary of Complainant’s Case:
The Complainant is a Mechanical Fitter and commenced employment with the Respondent on 25/08/2014. His rate of pay was €740 per 40-hour week. On 21/12/2017 the Complainant was informed that the company was closing and he would be made redundant the following day. He was not paid any redundancy; outstanding holiday pay or payment in lieu of notice. The Complainant was informed that there would be a creditors meeting on or about the 11th January 2018, the Complainant has heard nothing since despite attempting to make contact with the Respondent.
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Summary of Respondent’s Case:
The Respondent did not attend the hearing nor did he contact the WRC offering any explanation for his non-attendance. Correspondence in relation to the complaint and hearing were posted to the registered address of the Respondent. |
Findings and Conclusions:
The Complainant has been treated badly by the Respondent. The Complainant has a statutory right to a redundancy payment under the Redundancy Payments Act, 1967. The Complainant is also due to be paid any outstanding holiday payment due under the Organisation of Working Time Act, 1997. The Complainant is due two weeks’ pay under the Minimum Notice and Terms of Employment Acts 1973 to 2001. |
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 make the payments outlined above to the Complainant within 42 days of the date of this decision. |
Dated: 26/07/18
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy Payment; Outstanding holiday entitlement; Payment in lieu of notice. |