ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015634
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-00020348-001 | 05/07/2018 |
Date of Adjudication Hearing: 31/10/2018
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or 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).
Summary of Complainant’s Case:
The claimant was employed as a window fitter with the respondent from 2005 to the 29th.May 2018.The claimant initially worked on a full time basis but his hours were progressively reduced and sporadic over the years from 2009 onwards , following the downturn in the economy , with little notice been given of periods of reduced hours.This reduction in hours was invariably challenged by the claimant who put on record to the respondent that the variation in his contractual hours was unacceptable and he sought to resume full time employment.The claimant has been off work since December 2017 and on the advice of Citizen’s Information completed an RP9 and submitted a claim for redundancy on the 29th.May 2018.The respondent failed to respond to same.The claimant asserted that the non payment to him of redundancy was a breach of the Act |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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..]
The claimant earned € 407.69 weekly and was employed all be it sporadically on reduced hours from 2009 -2017. I have reviewed the evidence presented at the hearing and noted the absence of the respondent from the hearing.On the basis of the uncontested evidence of the claimant, I accept the claimant’s employment terminated by reason of redundancy on the 29th.May 2015 and accordingly I am upholding the complaint. I require the respondent to pay the claimant his statutory redundancy entitlement within 4 weeks of the date of this decision based on the following criteria : Date of Commencement:10.06.2005 Date of Termination :29.05.18 Gross weekly pay : €407.69 (while in full time employment)
This award is subject to the claimant having been in insurable employment under the Social Welfare Acts for the relevant period. |
Dated: 31/01/2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea