ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019059
Parties:
Anonymised Parties
A General Operative
A Packaging Company
Representatives
Not present
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-00024749-001
04/01/2019
Date of Adjudication Hearing: 04/04/2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant is seeking statutory redundancy as a result of the business ceasing trading.
Summary of Complainant’s Case:
The Complainant was employed as a General Operative and commenced employment on November 26th 2012. He was laid off for a while in 2016 and was told there was no work for him but he would be brought back if things picked up. He submitted a RP77 on November 20th 2018 but received no reply. He submitted a claim for redundancy to the WRC on January 4th 2019. He was earning approximately 260 Euros per week. He is claiming statutory redundancy.
Summary of Respondent’s Case:
I am satisfied the Respondent was notified of the date, time and place of Hearing but was not present at the Hearing.
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.
Based on the uncontested evidence of the Complainant I award him statutory redundancy on the following basis;
The Complainants employment was terminated due to their being no work available on November 20th 2018.
The Complainant is seeking a redundancy payment under the Act.
Section 4.(1) of the Act states “ Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.”
Therefore, subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, I find that the complaint is well founded and the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof) plus a week on the following basis;
Date of Commencement; 26/11/2012
Date of Reckonable Service for Redundancy Payment Ceasing: 1/5/2016
Gross Weekly Wage: 260 Euros
The Complainants period of “Reckonable Service” is defined by Schedule 3 of the Act and does not include any period of absence from work due to lay off by the employer.
Dated: 29.4.19
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words: