ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00018900

Parties:

	Complainant	Respondent
Anonymised Parties	A General Operative	A Limited Company.

Representatives

Citizens Information Service CLG

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-00024373-001	20/12/2018

Date of Adjudication Hearing: 18/02/2019

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

Procedure:

In accordance 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.

Summary of Complainant’s Case:

The complainant commenced work with the respondent on the 10th January, 2014. He was a General Operative. He was paid € 12.50 per hour and worked an average of 40 hours per week. In July 2018 he was informed that there was no work available at that time. Text messages were sent back and forth with the promise of work in the future. Unfortunately, the promise of work never came to fruition. The complainant served an RP 50 on the Respondent. They originally stated that they would sign it but that too never happened.

Summary of Respondent’s Case:

No Appearance for or on behalf of the Respondent.

Findings and Conclusions:

The complainant is entitled to a redundancy payment. The complainant’s details are as follows:

Start date: 10.01.2014

End date: 10.07.2018

Gross weekly Salary: € 500.00

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 complainant’s complaint succeeds.

Dated: 5th April 2019

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

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