ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015471
Parties:
| Complainant | Respondent |
Anonymised Parties | Garage foreman | Garage |
Representatives | North Leinster Citizens Information Service CLG |
|
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-00020151-001 | 03/07/2018 |
Date of Adjudication Hearing:25/02/2019
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
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 to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant is a garage foreman and the Respondent is a garage. |
Summary of Complainant’s Case:
The Complainant commenced working for the Respondent on the 23rd of October 1993. His gross pay was €682.50 per week. He worked thirty-nine hours a week. His case was that he worked over twenty-six years for the Respondent. In 2010 he was asked by the Respondent to take a pay cut. He negotiated with the Respondent to reduce his working week. On the 11th of May 2018 the Complainant worked a full day and when he went to clock out there was no clock out card. When he queried this with the Respondent he was presented with his P45. The Complainant’s case is that he was dismissed for reasons of redundancy. He submitted an RP77 to the Respondent on the 8th of October 2018. He received no reply to same. The Complainant gave evidence that there was no question that he resigned from the role. He was entitled to a redundancy payment. |
Summary of Respondent’s Case:
There was no attendance for the Respondent. |
Findings and Conclusions:
The Redundancy Payment Act requires that to qualify for a Redundancy payment, the employer must have ceased, or intend to cease, to carry on its business with fewer staff. As the Respondent did not to put forward factual evidence that could disprove the fact, I must determine the issue on the balance of probabilities. |
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 accept on the balance of probabilities that a redundancy has occurred in this case and the Complainant is entitled to a redundancy payment based on the following: Start date: 23rd of October 1993 End date: 11th of May 2018 Gross pay: €682.50 per week Any award under the Redundancy Payments Act is subject to the complainant having been in insurable employment for the relevant period under the Social Welfare Acts. |
Dated: 3rd May, 2019
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
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