ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00014148
Parties:
| Complainant | Respondent |
Anonymised Parties | A worker | An employer |
Representatives | Self | Did not attend. |
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-00018668-001 | 12/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00018668-002 | 12/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00018668-003 | 12/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00018668-004 | 12/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00018668-005 | 12/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00018668-006 | 12/04/2018 |
Date of Adjudication Hearing: 30/08/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed by the Respondent company as a General Operative. He commenced employment on 30/11/2015 and his final day of employment was 22/12/2017. The Complainant’ rate of pay was €15 per hour and the working week was 40 hours. |
Summary of Complainant’s Case:
The Complainant was informed with all his other colleagues that the Company was ceasing to trade on 22/12/2017 and that early in the new year he, with all his colleagues, would receive whatever monies were due to him regarding redundancy, notice period and holiday pay. In the New Year nothing happened and the manager of the Respondent company became uncontactable. The Complainant lodged his complaint with the Workplace Relations Commission (WRC) on 12th April 2018. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing and has not been in contact with the Workplace Relations Commission. |
Findings and Conclusions:
The Complainant is due a statutory redundancy payment of €3,084 based on the welfare.ie redundancy calculator. The Complainant is due two weeks’ pay in-lieu of notice i.e. €1,200. Whatever holiday and Public Holiday pay that is due should be paid to him.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) 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.
The complaints are well found. The payments outlined above should be made to the Complainant within 42 days of the date of this notice. |
Dated: 5th September 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy |