ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019070
Parties:
| Complainant | Respondent |
Anonymised Parties | Mobile Engineering Lead | Professional, Scientific & Technical 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-00024498-001 | 02/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00024500-001 | 02/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00024500-002 | 02/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00024500-003 | 02/01/2019 |
Date of Adjudication Hearing: 10/06/2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 claimant was employed by the respondent from the 28th January 2013 until the 17th December 2018. The claimant stated that the respondent is based in the UK and Administrators had been appointed to the company and all employees were laid off as and from the 17th December 2018 It was submitted he was given no notice or redundancy payment and that he was not paid for the two weeks he had worked in December 2018.
CA-00024498-001
CA-00024500-001
Redundancy Payments Act, 1967
The claimant worked for the respondent from the 28th January 2013 until the 17th December 2018. He was paid €7500 gross per month (€5246 net) per month. It was submitted that the respondent is under the control of Administrators. The claimant is seeking his redundancy payment for the period of his service.
Findings
The respondent had emailed the claimant that they would not be attending the hearing and they would not be contesting the complaint
I find based on the uncontested evidence the claimant is entitled to redundancy payment for the period pf his service from the 28th January 2013 to the 17th December 2018
Decision:
[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.
I find the complaint to be well founded and I award him redundancy payment for the period of his service from the 28th January 2013 to the 17th December 2018
CA-00024500-002
Minimum Notice & Terms of Employment Act, 1973
Background
The claimant worked for the respondent from the 28th January 2013 until the 17th December 2018. He was paid €7500 gross per month (€5246 net) per month. It was submitted that the respondent is under the control of Administrators. The claimant is seeking his notice payment as required under the act for his service.
Findings
The respondent had emailed the claimant that they would not be attending the hearing and they would not be contesting the complaint.
I find based on the uncontested evidence the claimant is entitled to 4 weeks’ notice payment for the period pf his service from the 28th January 2013 to the 17th December 2018.
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.
I find the complaint to be well founded and I award him 4 weeks’ notice payment in accordance with his service.
CA-00024500-03
Payment of Wages Act 1991
Background
The claimant worked for the respondent from the 28th January 2013 until the 17th December 2018. He was paid €7500 gross per month (€5246 net) per month. It was submitted that the respondent is under the control of Administrators. The claimant stated he was paid by the month and in December he worked 2 weeks and he was not paid.
Findings
The respondent had emailed the claimant that they would not be attending the hearing and they would not be contesting the complaint
I find based on the uncontested evidence the claimant is entitled to 2 weeks wages €3750 gross due to him for the month of December 2018.
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.
I find the complaint to be well founded and I award him 2 weeks’ pay i.e. €3750 gross
Dated: 25th June 2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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