ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00023580
Parties:
| Complainant | Respondent |
Anonymised Parties | A truck driver | A haulage company |
Representatives | Trish Halligan Citizens Information Service | Did not attend hearing. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00030255-001 | 14/08/2019 |
Date of Adjudication Hearing: 15/10/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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(s)/dispute(s).
Background:
The Complainant was employed by the Respondent from 19/10/2016 until 15/02/2019 at which time he was made redundant. This complaint was received by the Workplace Relations Commission on 14th August 2019. |
Summary of Complainant’s Case:
The Complainant received a letter from the Respondent on 20/02/2019 that stated his employment was terminated on 15/02/2019 due to the closure of the company. By letter dated 18th September 2019 the Complainant’s representative was informed by the Workplace Relations Commission that they had received correspondence from the Respondent informing them that the company had ceased trading and had no assets to pay any liabilities. Enclosed with this letter was a letter from the Respondent’s accountants that also stated that the Respondent company had ceased trading and had no assets to pay any liabilities. The Complainant’s representative drew attention to information from the Companies Registration Office (CRO) that had been obtained on 14/10/2019 stating that the Respondent company has a status of Normal. The Complainant is entitled to two weeks’ notice of payment in lieu of the termination of his employment. |
Summary of Respondent’s Case:
The Respondent did not attend. |
Findings and Conclusions:
Under section 4 of the Minimum Notice and Terms of Employment Act 1973 the Complainant is due two weeks pay in lieu of notice. I now order the Respondent to pay to the Complainant the sum of €1,313.40 gross. Such payment should be made 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.
As outlined above. |
Dated: 27th November, 2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Minimum Notice and Terms of Employment Act, 1973. |