ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013429
Parties:
| Complainant | Respondent |
Anonymised Parties | A Construction Worker. | A Contracting Company. |
Representatives |
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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-00017837-001 | 08/03/2018 |
Date of Adjudication Hearing: 24/10/2018
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 - 2014following 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 was employed by the Respondent but his employment ended without notice on the 22nd December 2017. He did not receive a Redundancy payment. |
Summary of Complainant’s Case:
The Complainant says that he was employed by the Respondent from the 13th April 2015 and that his employment ended, without Notice on the 22nd December 2017. He understands that the Respondent business is in Liquidation and is seeking a decision on his Redundancy Entitlements under the terms of the Section 39 0f the Redundancy Payments Act, 1967. and the Minimum Notice and Terms of Employment Act. The Redundancy Payment due to him, under the terms of the Act is €3,840 and he says that he is |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. I am satisfied that he was notified of the hearing. |
Findings and Conclusions:
I find that the Respondent is entitled under the terms of the Redundancy Payments Act to the payments claimed. |
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.
I find that the Complainant is entitled to €3,840 Redundancy Payment under Section 39 of the Redundancy Payments Acts, 1967. |
Dated: 10/01/19
Workplace Relations Commission Adjudication Officer: David Mullis
Key Words:
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