ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012199
Parties:
| Complainant | Respondent |
Anonymised Parties | A Photographer | A Media Company |
Representatives | Dundon Callanan Solicitors | Self Represented |
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-00016161-001 | 06/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00016161-002 | 06/12/2017 |
Date of Adjudication Hearing:16/03/2018
Workplace Relations Commission Adjudication Officer:Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant was seeking a redundancy payment after being made redundant. |
Summary of Complainant’s Case:
The Complainant was employed from April 1st 1984 to June 30th 2017 as a Photographer. He was made redundant due to issues with the Respondents business. He was not paid his statutory redundancy entitlement. His final P45 shows he earned 645.15 Euros per week. The Complainant is seeking his statutory redundancy entitlement of 2 weeks per year of service plus a week capped at 600 Euro per week. |
Summary of Respondent’s Case:
The Respondent accepts the Complainants role was made redundancy due to business issues with the firm but the Respondent stated they did not have the funds to pay the statutory redundancy. The Respondent agreed with the Complainants service and income per week. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. Claim reference number CA-00016161-002 under the Terms of Employment (Information) Act 1994 was withdrawn by the Complainant at the Hearing.
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. With regard to Claim reference number CA-00016161-001 under the Redundancy Payments Act 1967 the parties agreed that the Complainant was made redundant, that he was entitled to a statutory redundancy payment of 600 Euro per week for each year of service (which service worked out at 33 years and 99 days) and amounts to a statutory redundancy payment of 40,524 Euros (based on two weeks per year of service plus a year and capped at 600 per week wages) .
Subject to the Complainants employment and social contributions complying as insurable employment with Section 4-(1) of the Act as follows;
“4.—(1) Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employmentin the period of two years ending on the date of termination of employment” I award the Complainant 40,524 Euros statutory redundancy payment.
Dated: 19th June, 2018
Workplace Relations Commission Adjudication Officer:Peter O'Brien
Key Words:
Redundancy payment |