ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00023299

Parties:

Complaint(s):

Date of Adjudication Hearing: 05/12/2019

Workplace Relations Commission Adjudication Officer: Gerry Rooney

Procedure:

In accordance with 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 Complaint refers to an alleged failure by the Respondent to pay the Complainant redundancy. The Respondent did not attend the hearing.

Summary of Complainant’s Case:

The Complainant, a Ukrainian National, commenced his employment on 1st August 2015 where he worked as a site manager overseeing electrical engineering activities. He held a work permit to work with the Respondent.

The Complainant submitted that he came back for leave in mid-April 2019 to be informed by the Respondent there was no more work and that he would have to wait for the Respondent to source more work before he could be given work. The Complainant submitted that his last pay cheque was for 30th June 2019. He did not receive any further work from that date. He sought redundancy payment but did not receive a response from the Respondent and was told to take voluntary leave.

Summary of Respondent’s Case:

The Respondent did not attend the hearing. I am satisfied the Respondent was properly informed of the time and place of the hearing.

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

Based on the uncontested evidence of the Complainant I have decided that he is entitled to a statutory redundancy payment based on the fact she was in insurable employment for the requisite period:

Employment Start date:                1st August 2015

Employment End date:                  16th April 2019

Gross weekly wage:                        €568.75

Number of years’ service:              3.92

Weeks due:                                        8.84

Statutory entitlement:                   €5,027.75

Dated:   1st July 2020

Workplace Relations Commission Adjudication Officer: Gerry Rooney

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