ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028551
Parties:
| Complainant | Respondent |
Parties | Raghaven Nair | Irish Jewel And Medallion Ltd |
| Complainant | Respondent |
Anonymised Parties | Administrator | Jewellery Sales |
Representatives | Ann Conan South Leinster Citizens Information Service | Martin Crossan, Co. Accountant |
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-00036811-001 | 15/06/2020 |
Date of Adjudication Hearing: 21/05/2021
Workplace Relations Commission Adjudication Officer: Gerard McMahon
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 his employer (as the sole employee) from September 2006 to January 2020. His employer died suddenly in January 2020 and the company ceased to trade. Having contacted the Social Insurance Fund (SIF) on behalf of the complainant (to request that they pay his redundancy), it was pointed out that the co. accountant had completed the relevant RP50 form. However, according to the parties in attendance at the hearing, the SIF require a WRC decision on the matter, to enable payment of the relevant redundancy sum. Both parties at the hearing agreed that a redundancy payment is due to the complainant and the appropriate statutory redundancy sum due (and agreed) is €7,861.63 |
Summary of Complainant’s Case:
As outlined above. |
Summary of Respondent’s Case:
As outlined above. |
Findings and Conclusions:
The facts of this case are not in dispute. Furthermore, both the complainant’s and respondent’s representatives agreed that a statutory redundancy payment sum of €7,861.63 is due to the complainant. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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.
The claim is well founded and allowed and a statutory redundancy payment of €7,861.63 is awarded. |
Dated: 27th July 2021
Workplace Relations Commission Adjudication Officer: Gerard McMahon
Key Words:
Redundancy Pay |