ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00013832
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | An engineering contract company |
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-00018273-001 | 3/Apr/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 an electrical supervisor, he commenced employment with the Respondent on 01/04/2015. His rate of pay was €800 per 39-hour week. On 22nd December 2017, the Complainant was informed that he was being made redundant with immediate effect. The Complainant received no redundancy payment or payment in lieu of notice. The Complainant was informed by the Respondent Managing Director that he did not have to worry about redundancy payments or outstanding holidays as this would be taken care off. The Complainant eventually received an email from the Respondent informing him that the company had gone into liquidation. The Complainant made several attempts to contact the Respondent by telephone and email, he received no response from the Respondent company. |
Summary of Complainant’s Case:
The Complainant was informed by the Respondent Managing Director that he did not have to worry about redundancy payments or outstanding holidays as this would be taken care off. The Complainant eventually received an email from the Respondent informing him that the company had gone into liquidation. The Complainant made several attempts to contact the Respondent by telephone and email, he received no response from the Respondent company. The Complainant feels he is owed a redundancy payment, payment in lieu of notice i.e. 2 weeks’ pay and also his outstanding holiday monies due. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing and failed to offer any explanation to the WRC in relation to his non-attendance. Communications relating to the complaint and hearing were sent to the registered offices of the Respondent company. |
Findings and Conclusions:
The Complainant is due a redundancy payment in accordance with statutory provisions contained within the Redundancy Payments Act 1967. The Complainant is due two weeks’ pay in lieu of notice under the Minimum Notice and Terms of Employment Acts 1973 – 2001. The Complainant is due holiday pay accrued under 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 that payments outlined above should be made to the Complainant within 42 days of the date of this decision. |
Dated: 1st August 2018.
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy payments; minimum notice; holiday pay. |