ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024986
Parties:
| Complainant | Respondent |
Anonymised Parties | A Lead Software Developer | A Technology 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-00031675-001 | 18/10/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00031675-003 | 18/10/2019 |
Date of Adjudication Hearing: 18/12/2019
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 andfollowing 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 was employed by the respondent as a lead developer in technology from the 20th of November 2000 to the 15th of November 2019 when is employment was terminated. He was paid €1,767.69 per week and he worked a 39 hour week. He is claiming redundancy under the Redundancy Payments Act and arrears of wages under the Payment of Wages Act. |
Summary of Complainant’s Case:
The complainant said he received notice of redundancy on the 20th of September 2019 and he was given 8 weeks’ notice. His employment was due to end on the 15th of November 2019 and he was due to receive his final salary on the 24th of October 2019 to include payment up until his employment terminated. The complainant said he was not paid his redundancy payment and he is due do arrears of wages and the final 2 months’ pay. |
Summary of Respondent’s Case:
The chief financial officer attended the hearing and stated in evidence that the complainant was made redundant and the company cannot afford to pay the redundancy lump sum. He also agreed that the complainant was not paid his full wages due for the last number of months of his employment and that he was paid no wages for the last 2 months and accepts that he is entitled to outstanding wages in the amount of €9,572.49. |
Findings and Conclusions:
Redundancy Payments I find that the complainant was dismissed for reasons of redundancy and that he is entitled to a statutory lump sum payment pursuant to the Redundancy Payments Acts. Payment of Wages Act The respondent did not dispute the complainant’s claim that he was not paid his wages in accordance with his entitlement. I find that the complaint is well founded. |
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.
CA-00031675-001 Redundancy Payments Act I find that the complainant is entitled to a statutory redundancy payment based on the following: Date of Commencement 20th November 2000 Date employment ended 15th November 2019 Gross Pay Weekly €600 (maximum weekly pay allowable under the Act) This is subject to the complainant being in insurable employment. CA-00031675-003 Payment of Wages Act. I find the complaint is well founded. I award the complainant compensation pursuant to section 6 of the Act in the amount of €9,572.49. |
Dated: 24/4/2020
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
Redundancy Payments Act, payment of lump sum, Payment of Wages Act, arrears of wages. |