ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015173
Parties:
| Complainant | Respondent |
Anonymised Parties | General Operative | Contracting company |
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-00019598-001 | 05/06/2018 |
Date of Adjudication Hearing: 04/09/2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 General Operative from 10th January 2012 to 21st December 2017. He was paid €660.00 per week. He stated that his employment ended abruptly on 21st December 2017 and he did not get his statutory redundancy entitlements. |
Summary of Complainant’s Case:
The Complainant stated that his employment ended abruptly on 21st December 2017. His employer confirmed by letter dated 24th December that the business had ceased trading due to financial difficulties. There was to be a meeting on 12th January 2018 but it did not take place. He was not paid his statutory redundancy entitlements. He is claiming his statutory redundancy. |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented. |
Findings and Conclusions:
Based on the uncontested evidence before the hearing I find that a genuine redundancy has occurred. I find that the Complainant did not receive his statutory redundancy entitlements. I find that his start date was 10th January 2012, his termination date was 21st December 2017 and his rate of pay was €660.00 per week. |
I note that 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.
I note that the Complainant was paid €660.00 per week, a ceiling of €600.00 per week applies to any payments from the Social Insurance Fund.
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 as per the terms of the Redundancy Payments Act.
Dated: 19th September, 2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Redundancy |