ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026217
Parties:
| Complainant | Respondent |
Anonymised Parties | A Driver | A Fuel Wholesaler |
Representatives | Self-Represented | Did not appear. |
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-00033377-001 | 20/12/2019 |
Date of Adjudication Hearing: 25/02/2020
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act, 1967 following the referral of the complaint / dispute to me by the Director General, I inquired into the complaint / dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint / dispute.
Background:
The issue in contention concerns the alleged non-payment of a Redundancy sum to the Complainant following the closure of the Respondent. |
1: Summary of Complainant’s Case:
The Complainant worked as a Truck Driver for the Respondent from 22 October 2015 until the 30th November 2018 when Notice was received to expire on the 22 December 2018. Despite a number of efforts on the Complainants behalf no Redundancy has been paid. |
2: Summary of Respondent’s Case:
Did not appear. An E mail was received on the 19th February 2020, prior to the Hearing, advising that a liquidator had been appointed to the Company. I was satisfied that the Respondent was aware of the date, time and place of the Hearing. |
3: Findings and Conclusions:
The Complainant gave Oral evidence in support of his claim. He was invited to supply the Adjudication Officer with copy documentation post the Hearing but to date these appear to be still outstanding. However, the Complainant, supported by his wife at the Hearing, gave what I took to be, on the basis of my experience, honest and straightforward evidence He maintained that the Respondent had completed the required RP 50 forms, but these had been returned, with queries, by the Department of Social Protection. The Complainant had attempted to have these queries addressed by the Respondent. The Complainant was not aware of the required details, addresses etc of the Liquidator. From discussion it appeared that a formal Adjudication Officer decision was required. According, and based on the good faith of the Complainant, I award Statutory redundancy to the Complainant for the Period from 22 October 2015 to the 30th November 2018. His weekly rate of pay was declared to be € 670.62. The Redundancy to be calculated in keeping with the Rules and Regulations of the Department of Social Protection. The Complainant was advised to communicate with the Liquidator via if necessary the Respondent. |
4:Decision:
Section 41 of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Act, 1967 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.
Accordingly, I formally direct, under Section 39 of the Redundancy Payments Act,1967, that Statutory Redundancy, as calculated by the Rules of the Department of Social Protection, be paid to the Complainant in this case.
The Redundancy Period to be from 22 October 2015 to the 30th November 2018.
His weekly rate of pay was declared to be € 670.62.
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Dated:September 15th 2020
Workplace Relations Commission Adjudication Officer: Michael McEntee
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