ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011420
Parties:
| Complainant | Respondent |
Anonymised Parties | Graphic Designer | Service Company |
Complaint
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-00014606-001 | 28/09/2017 |
Date of Adjudication Hearing: 11/01/2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014and 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 with the Respondent from 1st May 2008 until the employment was terminated by reason of redundancy on 5th February 2016. The Complainant was paid €2750.00 gross per month and he had worked 40 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 28th September 2017 alleging he had not been paid his redundancy entitlements. |
Preliminary Issue – Time Limits.
Section 24 (1) of the Act, as amended provides – “an employee shall not be entitled to a lump sum unless before the end of the period of 52 weeks beginning on the date of dismissal or the date of termination of employment (b) the employee has made a claim for the payment by notice in writing given to the employer”. The employment was terminated on 5th February 2016.
Section 24(2A) however provides as follows – “ Where an employee who fails to make a claim for a lump sum within the period of 52 weeks…makes such a claim before the end of the period of 104 weeks beginning on the date of dismissal or the date of termination of employment, the Adjudication Officer, if he or she is satisfied that the employee would have been entitled to the lump sum and the failure was due to reasonable cause, may declare the employee to be entitled to the lump sum and the employee shall thereupon become so entitled.”.
The Complainant and the Respondent both attended the Hearing on 11th January 2018 and both parties confirmed to the Adjudication Officer that the Complainant had completed the RP 50 Form on termination of the employment in February 2016 and this was submitted to the Respondent. However, the Respondent confirmed at the Hearing that he had not forwarded the completed form to the Department of Social Protection for almost 18 months.
Summary of Complainant’s Case:
The Complainant confirmed all the issued addressed and raised in the preliminary issue above. He confirmed the calculation of the Respondent presented to the Hearing that his Redundancy entitlements are €9924.00 gross. |
Summary of Respondent’s Case:
The Respondent confirmed all the details raised in the preliminary issue above and he also provided information to the Hearing that the Complainant is entitled to payment of his redundancy entitlement of €9924.00 gross. |
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 decide to give an extension of time as the Complainant has shown that the delay in lodging his complaint was due to “reasonable cause”. I direct the Respondent to pay the Complainant his Redundancy entitlements under the Act, calculated as €9924.00 gross, within 42 days of the date of this Decision |
Dated: 07.03.18
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Redundancy – Section41 – extension of time due to reasonable cause granted. |