ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028628
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Manager | A Shop Owner |
Representatives | none | none |
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-00037331-001 | 17/06/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00037333-001 | 17/06/2020 |
Date of Adjudication Hearing: 11/03/2021
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
CA-00037331-001
Background:
The Complainant commenced employment with the Respondent on 3 September 2015. His employment with the Respondent ended on 9 September 2019. The Complainant believes the company has ceased trading. |
Summary of Complainant’s Case:
When the Complainant’s work ceased, he attempted to contact the Respondent several times to get the situation resoled without success. Eventually he went to the Insolvency Agency who advised him to go to the WRC. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
The Complainant is entitled to a statutory redundancy payment. |
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 claim under the Redundancy Payments Acts 1967 to 2007 is allowed and the Complainant is awarded a statutory lump sum under those Acts, and based on the following: Date of Commencement; 3 September 2015 Date of Termination; 9 September 2019 Gross Fortnightly; €1,100.00 Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts. |
CA-00037333-001 is a duplicate of CA-00037331-01 and was withdrawn.
Dated: 9th July 2021
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Redundancy, Insolvency |