ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014208
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | An Engineering Company |
Complaints:
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-00018648-001 | 22/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00018648-002 | 22/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00018648-003 | 22/04/2018 |
Date of Adjudication Hearing: 11/07/2018
Workplace Relations Commission Adjudication Officer: David Mullis
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 27 of the Organisation of Working Time Act, 1997 and Section 7 0f the Terms of Employment (Information) Act, 1994,following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant says he worked for the Respondent from 03/05/2005 for the Respondent until the business closed suddenly and without notice on the 13/04/2018. He received none of his entitlements under the above legislation. |
Summary of Complainant’s Case:
The Complainant says he worked for the Respondent from 03/05/2005 to 13/04/2018. When he commenced with the Respondent company the company traded under the title “Access Industrial Doors”. The title and ownership changed, he understands in or about October 2016, with, he understands the same Managing Director, possibly in partnership with another investor. The business then traded under the title “Access Security Shutters and Doors”. The business closed on the 13th April 2018 and the production equipment was sold. No notice was given to the Complainant and he was dismissed on that day without payment to him of his redundancy entitlements due under the Redundancy Payments Act, 1967. He was not paid in lieu of notice as was his entitlement under the terms of the Minimum Notice Act. He says that when the business changed hands he was advised, verbally, that all terms and conditions would continue as before. When he was dismissed the Respondent said he was not liable for any of the terms and conditions pre-October 2016. He says that he received none of his entitlements due to him on closure of the Respondent’s business. |
Summary of Respondent’s Case:
The Respondent did not appear or present any evidence. |
Findings and Conclusions:
I find that the Complainant did not receive his entitlements under any of the above legislation. He is entitled to a statutory redundancy payment for all of his service from the 3rd May 2005 to the 13th April 2018. This amounts to 26.92 weeks X €600 = €16,152. He is entitled to Pay in lieu of notice at the rate of 6 times his basic week’s pay. This amounts to €5638.80 gross. He is entitled to holidays not received or paid for from 1st January 2018 to 13th April 2018. This amounts to €939.90. The Complainant’s weekly rate of pay is €939.90 gross. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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.
Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9 of that Act.
Under the Minimum Notice and Terms of Employment Act, requires that I make a decision in relation to the relevant redress provisions under this Act.
Section 27 of the Organisation of Working Time Act, 1997, requires that I make a decision in relation to the complaint in accordance with the redress provisions under the Act.
My decision is that the complaints are upheld and the above calculated amounts are owing to the complainant. |
Dated: February 18th 2019
Workplace Relations Commission Adjudication Officer: David Mullis
Key Words:
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