ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023909
Parties:
| Complainant | Respondent |
Anonymised Parties | A Butcher | A Butcher’s Shop |
Complaint:
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-00030480-001 | 26/08/2019 |
Date of Adjudication Hearing: 14/11/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 – 2014following 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 complainant was employed in the business from 20th April 2005 and became an employee of the respondent on 16th November 2016 under a transfer of undertakings. The complainant remained in the employment of the respondent until 10th February 2019. |
Summary of Complainant’s Case:
The complainant is seeking his redundancy entitlements after his employment ended on 10th February 2019. |
Summary of Respondent’s Case:
The respondent accepts that the complainant’s employment ended by reason of redundancy on 10th February 2019. The respondent stated that it is not in a position to pay the complainant’s redundancy entitlements to him. |
Findings and Conclusions:
It is not disputed that the complainant’s employment ended by reason of redundancy. Due to financial constraints the respondent is unable to discharge the complainant’s redundancy entitlements to him. Having considered the submissions and evidence of both parties, I find that the complaint is well founded. |
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.
The complainant is entitled to a redundancy payment as follows: Date of commencement of employment: 20th April 2005 Date of cessation of employment: 10th February 2019 Gross weekly rate of pay: €336.98 The entitlement to a redundancy payment is based on the complainant having been in insurable employment within the meaning of the Social Welfare acts for the relevant period. |
Dated: 18th September 2020
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Redundancy entitlements |