Complainant

Respondent

Anonymised Parties

Warehouse Operative

Warehousing & Distribution Company

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-00032685-001

03/12/2019

The Complainant was employed as a Warehouse Operative from 13th October 2014 to 15th March 2019. He was paid €367.50 per week. He has claimed that he did not receive his statutory entitlements when the business closed. The Respondent did not attend.

The Complainant stated that he was notified in writing that the business was closing on 15th March 2019. He asked for redundancy payment and the Respondent advised that he would pay it. Following many calls and requests the Respondent never paid it. The Respondent was then requested to sign the relevant forms to allow this payment to be made but the Respondent delayed the process further. Eventually the Respondent signed part of the form but did not confirm in writing that they did not have the funds to pay the redundancy payment. The Complainant was advised that the matter was passed on to his Accountant. The Complainant had no knowledge of who the Accountant was neither his name, company or address. He then filed a claim with the Redundancy payments Section of the Department of Employment Affairs and Social Protection, but it was returned because they had no evidence from the Respondent that they didn’t have funds to pay the redundancy. He is seeking his statutory entitlements to redundancy.

The Respondent did not attend and was not represented at this hearing.

I note that the Respondent’s company has closed down.

I note that the Respondent did not attend and was not represented.

I find that there was correspondence on file stating the venue, date and time of the hearing.

Based on uncontested evidence before this hearing that the business closed down on 15th March 2019.

I find that a genuine redundancy existed.

I find that the Respondent failed to pay the Complainant his statutory entitlements to redundancy.

I find that the Respondent failed to confirm that it didn’t have the ability to pay the redundancy payment.

I find that the Complainant has an entitlement to statutory redundancy as per the terms of the Redundancy Payments Act, 1967.

I find that the Complainant’s employment commenced on 13th October 2014.

I find that the Complainant’s employment ended on 15th March 2019.

I find that the Complainant’s weekly gross pay was €367.50.

I find that 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.

Statutory redundancy not paid