ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013966
| Complainant | Respondent |
Anonymised Parties | A Construction Worker. | A Contracting Company. |
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-00018331-001 | 05/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00018331-002 | 05/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00018331-003 | 05/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00018331-004 | 05/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00018331-005 | 05/04/2018 |
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 - 2014 and Section 11 of the Minimum Notice and Terms of Employment Acts 1973 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 was employed by the Respondent when his employment ended, without notice, on the 22nd December 2017. He says he did not receive Redundancy or Minimum Notice payments. |
Summary of Complainant’s Case:
The Complainant says that he was employed by the Respondent from the 4th September 2014 and that his employment ended, without notice, on the 22nd December 2017. He understands that the Respondent business is in Liquidation and he is seeking a decision on his Redundancy and Minimum Notice Entitlements, under Section 39 of the terms of the Redundancy Payments Act, 1967 and Section 11 of the Minimum Notice and Terms of Employment Act, 1973 respectively. The Redundancy Payment due to him, under the Act is €4,536. He is also due €1,500 in Minimum Notice under that Act. |
Summary of Respondent’s Case:
The Respondent did not attend the Hearing. I am satisfied that he was notified of the date and time of the hearing and invited to attend. |
Findings and Conclusions:
I find that the Complainant is entitled, under the terms of the Section 39 of the Redundancy Payments Act, 1967 and the terms of Section 11 of the Minimum Notice and Terms of Employment Act, 1973 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.
Section 11 of the Minimum Notice and Terms of Employment Act, 1973 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under the Act.
I find that the Complainant is entitled to €4,436 Redundancy Payment under the Act and to €1,500 Minimum Notice Payment under that Act. |
Dated: 3rd January 2019
Workplace Relations Commission Adjudication Officer: David Mullis
Key Words:
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