ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013784
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Limited Company |
Representatives |
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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-00018554-001 | 16/04/2018 |
Date of Adjudication Hearing: 15/10/2018
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance withSection 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:
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Summary of Complainant’s Case:
The complainant came back after his Christmas holidays on Wednesday 03rd January and he was told the hotel was closing on Saturday the 6th for refurbishment. He was then told that the hotel was closing permanently. His employment was ending. He was given no redundancy payment. He has made several attempts to secure payment but all have failed. |
Summary of Respondent’s Case:
No Appearance. |
Findings and Conclusions:
Based on the information given to me by the complainant together with the supporting documentation I am satisfied that the complainant’s position was made redundant on the 07.01.2018. I am further satisfied that the complainant has not been paid his statutory redundancy entitlement. The complainant is entitled to redundancy based on the following: Commencement date: 09.03.2015 Termination date: 07.01.2018 Gross weekly pay: €495.90 |
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.
The claim succeeds.
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Dated: 16/10/18
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words:
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