ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00026203
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | Cinema Complex |
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-00033426-001 | 27/12/2019 |
Date of Adjudication Hearing: 27/02/2020
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [ and/or Section 25 of the Equal Status Act, 2000, ] 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 General Assistant with the respondent from the 2nd.Jan. 2015 to the 5th.August 2019 – he worked a 35 hour week and earned €9.80 per hour.The claimant submitted that he was advised by the respondent on the 2nd.August 2019 that the business would be closing on Monday the 5th.August.On the 6th.August he was advised that all outstanding wages , holidays and redundancy would be paid .However, when he received his pay on the 8th.August 2019 , no redundancy was included.The claimant stated that despite several commitments from the respondent to sign his redundancy application , the papers were never completed.He submitted the respondent was in breach of the Act for failing to pay him his statutory redundancy entitlements. |
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 appeal and require the respondent to pay the claimant his statutory redundancy entitlement. I find that the complaint under the Redundancy Payments Acts, 1967 – 2012 is well-founded and that the complainant is entitled to a redundancy payment based on the following criteria: Date of Commencement: 2.01.2015 Date of Termination: 5.08.2019 Gross Weekly Pay: €343.00 This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
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Dated: 16 September 2020
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Key Words:
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