ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014250
Parties:
| Complainant | Respondent |
Anonymised Parties | Metal Fabricator | Security Shutter & Doors Fitters |
Representatives |
| Did Not Attend |
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-00018887-001 | 02/05/2018 |
Date of Adjudication Hearing: 24/07/2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
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 as a Metal Fabricator from 1st January 2016 to 13th April 2018. He was paid €630.50 per week. His employment was ended abruptly and the business closed on 13th April 2018. He is seeking his statutory redundancy entitlements. |
Summary of Complainant’s Case:
The Complainant stated that on 13th April 2018 the Director informed him that the company was closing with immediate effect. The Respondent company refused to sign anything and told the Complainant that there was no money to pay the redundancy. The Complainant asked him to sign the form RP50 but he refused. |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented. |
Findings and Conclusions:
Based on the uncontested evidence before this hearing I find that the business closed with immediate effect on 13th April 2018. I find that the Complainant did not receive his statutory redundancy entitlements. I find that a genuine redundancy has arisen. I find that the Complainant is entitled to redundancy as per the terms of the Redundancy Payments Act 1967. I find that the Complainant’s start date is 1st January 2016. I find that his date of termination is 13th April 2018. I find that his gross weekly pay was €630.50. I find that a ceiling of €600.00 per week applies to the calculation of statutory redundancy. Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts. |
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 have decided that a genuine redundancy has arisen.
I have decided that the Respondent should pay the Complainant his statutory redundancy entitlements within six weeks of the date below.
Dated: 04 October 2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words: Redundancy payment |