ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00016155

Parties:

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-00020979-001	02/08/2018

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 Act, 1973following 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 and his employment ended, without notice, on the 22nd December 2017. He did not receive Redundancy Payment or Minimum notice payment.

Summary of Complainant’s Case:

The Complainant says that he was employed by the Respondent from the 2nd August 2014 and that his employment ended, without notice, on the 22nd December 2017.

He understands that the Respondent business is in Liquidation and he js seeking a decision on his Redundancy Entitlements and Minimum Notice entitlements under the terms of Section 39 of the Redundancy Payments Act, 1967 and the Minimum Notice and Terms of Employment Act, 1973.

The Redundancy payment due to him under the Act is €4,668 and the amount due under the Minimum Notice Act is €1,200.

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 to the payments claimed under the Redundancy and Minimum Notice Acts.

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 €4,668 in Redundancy Payments under the terms of the Redundancy Payments Act, 1967-2012 and to €1,200 Minimum notice payment under the terms of the Minimum Notice and Terms of Employment Act, 1973.

Dated: 10/01/19

Workplace Relations Commission Adjudication Officer: David Mullis

ADJ-00016155