ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00024128
Parties:
| Complainant | Respondent |
Anonymised Parties | Retail Assistant | Cinema |
Representatives | The claimant represented himself | The respondent did not attend and was not represented at the hearing. |
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-00030723-001 | 08/09/2019 |
Date of Adjudication Hearing: 21/01/2020
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) 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).
Summary of Complainant’s Case:
The claimant was employed as a retail assistant with the respondent from the 11th.Dec. 2014 to the 5th.August 2019.The claimant was called to a meeting with his colleagues on Friday 2nd.August 2019 by the manager to be told that the business would cease operating on the following Monday (5th.Aug.). The claimant submitted that they were advised that they would be paid outstanding wages and redundancy. The claimant advised that he was never paid redundancy and that the manager refused to sign his redundancy papers and has ignored all contact from the former staff. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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.
On the basis of the uncontested evidence of the claimant, I am upholding the complaint under the Redundancy Payments Acts 1967-2012 and find that the claimant is entitled to a redundancy payment based on the following criteria: Date of Commencement : 22.12.2014 Date of Termination : 05.08.2019 Gross Weekly Pay : €450 per week This award is made subject to the claimant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 5th March, 2020
Workplace Relations Commission Adjudication Officer: Emer O'Shea