ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017547
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Operative | A Packaging Company |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00022692-003 | 18/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00022692-004 | 18/10/2018 |
Date of Adjudication Hearing: 31/01/2019
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Procedure:
On 18th October 2018, the Complainant referred his complaints to the Workplace Relations Commission. The complaints were scheduled for adjudication on 31st January 2019.
At the outset of the adjudication hearing, it became apparent that there was no appearance by or on behalf of the Respondent. I verified that the Respondent was on notice of the time, date and venue of the adjudication. I waited some time to accommodate a late arrival. Having taken these steps, I proceeded with the adjudication in the absence of the Respondent.
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 is non-Irish national. He was accompanied at the hearing by his son for the purpose of providing interpretation. The Complainant submitted that he was employed by the Respondent from 25th September 2006 until 7th September 2018. He was paid €382 gross weekly. |
CA-00022692-003- Section 39 of the Redundancy Payments Act, 1967
Summary of Complainant’s Case:
The Complainant stated that he was informed by the Respondent that his position is being made redundant on 7th September 2018. He claimed that the Respondent gave him a redundancy payment form, possibly RP50, and asked the Complainant to send it to a given address. The Complainant stated that it could be the address of the Department of Employment Affairs and Social Protection, but he was not certain. The Complainant submitted that to date the Respondent did not pay him his redundancy. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent and it did not oppose the complaint. There was no evidence tendered by or on behalf of the Respondent. |
Findings and Conclusions:
Based on the uncontested evidence of the Complainant, I find that the Complainant was employed on a continuous basis with the Respondent from 25th September 2006 until 7th September 2018 when his employment was terminated by reason of redundancy. I decide that, pursuant to the Redundancy Payment Acts 1967 - 2014, the complainant is entitled to a redundancy lump sum. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2014 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Based on the uncontested evidence of the Complainant I find that the Complainant is entitled to a statutory redundancy lump sum under the Redundancy Payment Acts based on the following criteria: - Date of commencement: 25th September 2006 - Date of termination: 7th September 2018 - Gross weekly wage: €382 This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
CA-00022692-004 - Section 39 of the Redundancy Payments Act, 1967
Summary of Complainant’s Case:
The Complainant did not pursue the claim. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent and it did not oppose the complaint. There was no evidence tendered by or on behalf of the Respondent. |
Findings and Conclusions:
As the Complainant did not pursue the claim I do not make any findings or conclusions. |
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 declare the complaints to be not well-founded. |
Dated: 7th March 2019
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Redundancy Payments Acts |