ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025108
Parties:
| Complainant | Respondent |
Anonymised Parties | A general operative | A construction firm |
Representatives | None | None |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00031938-001 | 31/10/2019 |
Date of Adjudication Hearing: 03/12/2020
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 31st October 2019, the complainant referred a complaint pursuant to the Redundancy Payments Act. The complaint was scheduled for remote hearing on the 3rd December 2020.
At the time the adjudication hearing was to commence, it was apparent that there was no attendance by, or on behalf of, the respondent. I verified that the respondent had been properly notified of the date and time of the hearing as well as being sent the access information to join the hearing. I waited some time for a late arrival. Having taken these steps, I proceeded with the hearing in the absence of the respondent.
In accordance with Section 39 of the Redundancy Payments Acts 1967 – 2014 following 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 worked for the respondent from the 1st June 2014 and was paid €600 per week. The respondent ceased providing him with work in 2019 and the complainant notified the respondent of his intention to claim a redundancy lump sum payment on the 4th October 2019. |
Summary of Complainant’s Case:
The complainant outlined that his employment with the respondent started on the 1st June 2014 and involved the construction and fit-out of offices and shops. This often involved overnight work. He was paid €600 per week and had negotiated an increase in his rate of pay. The respondent did not offer him any work from August 2019, when he was left at home. He did not receive any contact from the respondent for 8 weeks and he was ignored by the respondent. The complainant said that he never received a P45 and the respondent only provided a few pay slips. The complainant served the notice of intention to claim relief on the respondent on the 4th October 2019. He received correspondence from the respondent to say that he was still an employee, but he was not offered any work. |
Summary of Respondent’s Case:
The respondent did not attend the hearing to dispute the complainant’s entitlement to a redundancy lump sum payment. |
Findings and Conclusions:
The complainant gave a cogent account of how the respondent stopped providing him with work in August 2019. The complainant sought further work, but the respondent did not offer him any work. The respondent did not explain why it was no longer offering work to the complainant. No formal notice of lay-off within the ambit of section 11 of the Redundancy Payments Act was served on the complainant. The respondent has not disputed this account. After several weeks of not being provided with work and not provided with any explanation about this, the complainant notified the respondent of his intention to claim a redundancy lump sum payment. I find that the date of dismissal is the 4th October 2019, and that this was a dismissal in accordance with section 9(1)(c) of the Act. The complainant’s entitlement to a redundancy lump sum payment is to be calculated according to the following criteria: Employment start date: 1st June 2014 Employment end date: 4th October 2019 Gross weekly remuneration: €600 This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2014 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00031938-001 I decide that the complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payments Act, in accordance with the following criteria: Employment start date: 1st June 2014 Employment end date: 4th October 2019 Gross weekly remuneration: €600 This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 9th February 2021
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Redundancy Payments Act / lay-off / sections 9 and 13 |