ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00025025
Parties:
| Complainant | Respondent |
Anonymised Parties | Craftperson | Construction Company |
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-00031819-001 | 24/10/2019 |
Date of Adjudication Hearing: 10/12/2019
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 Craftsperson with the respondent from the 1st.June 2014 to the 21st.October 2018. He was advised by text message in early October 2019 that there was no further work and his employment was terminated on the 21st.October 2019. He stated that he was offered work as a Project Manager but this would necessitate relinquishing his employee status and becoming self-employed. He asserted the respondent was in breach of the Act for failing to pay him his statutory redundancy. |
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.
I have reviewed the evidence presented at the hearing and noted the submissions made. I accept that the requirement imposed on the claimant to relinquish his employee status did not constitute an offer of suitable alternative employment. Accordingly, on the basis of the uncontested evidence of the claimant I am upholding the complaint. and find that the claimant is entitled to a redundancy payment based on the following criteria: Date of Commencement: 1.06.2014 Date of Termination: 21.10. 2019 Gross Weekly Pay: €566.65 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: 5.3.2020
Workplace Relations Commission Adjudication Officer: Emer O'Shea