ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00016198
Parties:
| Complainant | Respondent |
Anonymised Parties | Store Manager | IT Repairs |
Representatives | The claimant represented himself | The respondent did not attend and was not represented at the hearing. |
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-00021045-001 | 08/08/2018 |
Date of Adjudication Hearing: 05/11/2018
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 Store Manager with the respondent from the 15th.July 2015 to the 30th.May 2018.He submitted the respondent was in breach of the Act for failing to pay him his statutory redundancy entitlement.The claimant stated that the business ceased after “Revenue came in “.He had received no communication from the respondent although the respondent had indicated that he would sort his redundancy for him.The respondent had failed to complete the RP50 that the claimant had completed on line. |
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.
On the basis of the uncontested evidence of the claimant , I find the claimant ‘s employment was terminated by reason of redundancy on the 30.05.2018 and have concluded that the complaint is well founded . I require the respondent to pay the claimant his statutory redundancy based on the following criteria: Date of Commencement : 15.07.2015 Date of Termination: 30.05.2018 Gross Weekly Pay : €475.00 This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 31/01/2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea