ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009278
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee
| An Employer
|
Representatives | Vadim Karpenko
|
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Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00012136-001 | 26/06/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00012136-002 | 26/06/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00012136-003 | 26/06/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00012136-004 | 26/06/2017 |
Date of Adjudication Hearing: 17/11/2017
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
The Complainant herein has referred a matter for adjudication as provided for under Section 7 of the Terms of Employment (Information) Act, 1994 in circumstances where a Contract of Service has commenced where the said Employee employed by the Employer is entitled to be provided (within two months of the commencement of the employment) with a Statement of certain Terms of the employment (as specified in Section 3 of the 1994 Act).
In circumstances where I consider the complaint to be well founded, I may require a Statement of Terms be provided. In addition, I am entitled to direct a payment of compensation up to the value of four weeks remuneration such that is just and equitable in all the circumstances.
The Complainant has abandoned his claim under Section 13 of the Industrial Relations Act of 1969 (as amended by the Workplace Relations Act 2015 so as to include Adjudication Officers).
The Complainant has withdrawn his claim under the Employment Equality legislation in circumstances where he was not in a position to proceed and without prejudice to his entitlement to re-commence said proceedings where appropriate.
The Complainant is looking for Statutory Redundancy pursuant to Section 7 of the Redundancy Payments 1967.
Background:
The Complainant had been working for the Respondent since 19th of November 2009. The Company had previously traded under the name Capisterre Limited and then in October 2016 the Employment had transferred into the name Rap Fast Limited. This did not affect Service nor the applicable terms and conditions. The Complainant was a machinist. In July 2017 the Complainant along with his 20 co-workers was notified that there a loss of work to the company and consequently no work available to the workforce. In early August the workforce was told that redundancies were needed and the complainant opted to take voluntary Redundancy. This would be on the basis of Statutory Redundancy only The Complainant had never received a Contract of employment and was not aware of his terms and conditions of Employment. |
Findings and Conclusions:
I am satisfied that the Complainant was made Redundant in and around July 2017. It is noted that the employer did nothing by way of assisting the workforce in this difficult time and had not notified the Department of the fact that a collective Redundancy had arisen. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act. 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.
Pursuant to Section 39 of the Redundancy Payments Acts 1967 – I find that the Complainant is entitled to Redundancy based on a start dated of the 19th of November 2009 and a finish date (per the P45) of 22nd of July, 2017. The Complainant’s gross weekly wage was €645.00 (per the 2016 P60 and the figures revealed in the P45). The Complainant is aware that a ceiling operates. The Complainant is aware that the Statutory Redundancy is granted where the Employee was in insurable employment. Pursuant to the Terms of Employment (Information) Act, 1994 I consider the complaint to be well founded, and I award compensation in the sum of €1,000.00 as that is just and equitable in all the circumstances.
The Complainant has abandoned his claim under Section 13 of the Industrial Relations Act of 1969 (as amended by the Workplace Relations Act 2015 so as to include Adjudication Officers). The Complainant has withdrawn his claim under the Employment Equality legislation in circumstances where he was not in a position to proceed and without prejudice to his entitlement to re-commence said proceedings where appropriate.
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Dated: 27 March, 2018.
Workplace Relations Commission Adjudication Officer: Penelope McGrath