ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00016840
Parties:
| Complainant | Respondent |
Anonymised Parties | A manager | A steel stockholding company |
Representatives | self | Did not attend |
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-00021843-001 | 13/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00021843-002 | 13/09/2018 |
Date of Adjudication Hearing: 25/06/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
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) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed by the Respondent as a General Manager. Employment commenced on 1st April 2004 and ended on 28th February 2018 when the company ceased trading. This complaint was received by the Workplace Relations Commission on 13th September 2018. |
Summary of Complainant’s Case:
The Complainant was employed by the Respondent and on 28th February 2018 that the company were ceasing to trade with immediate effect and that he should claim his statutory redundancy entitlement from the Department of Employment Affairs and Social Protection. On 28th February 2018 when the company ceased trading the Complainant had accrued 28 days holiday entitlement. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing of the complaint. Correspondence in relation to the hearing was sent to the Respondent on 21st May 2019. |
Findings and Conclusions:
The Complainant was made redundant, he is entitled to his statutory redundancy entitlement. Under the Organisation of Working Time Act the complaint in relation to outstanding annual leave was received outside the time limit of six months. I asked the Complainant to explain why this was so and accept the explanation provided. Under section 27 (5) of the Act I accept the complaint was received within the period of 12 months from the date of contravention. The Complainant is due 28 days of annual leave, I value this at €2,610.46 gross. I now order the Respondent to pay the Complainant his statutory redundancy entitlement and the sum of €2,610.46 (gross) for his outstanding holiday entitlement. These sums should be paid within 42 days from the date of this decision. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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.
As outlined above. |
Dated: 2nd July, 2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy. |