ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027136
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales | Construction |
Representatives | NONE | Not present |
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-00034708-001 | 18/02/2020 |
Date of Adjudication Hearing: 06/04/2021
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
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
This matter was heard by way remote hearing pursuant to the Civil law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
BACKGROUND
The claimant having been notified by the respondent that he was being made redundant. The claimant is claiming redundancy payment for his service as the respondent has refused to pay it.
Summary of the claimant’s case
The claimant was employed from the 11th of March 2011 until the 23rd of August 2019 as a Sales representative. He was paid €468 gross per week working a 39-hour week.
The claimant stated that he had received a letter from the respondent making him redundant on the 23rd August 2019
The claimant stated that he had filled the RP 50 for the respondent, but he (respondent) refused to sign it.
Findings
The respondent did not show, and additional time was allowed but he did not show.
I find based on the evidence as presented the claimant is entitled to his redundancy payment for the period of service.
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.
Based on the uncontested evidence I have decided the complaint to be well founded and I confirm that the claimant is entitled to his redundancy payment in accordance with his reckonable service i.e., 11th March 2011 until the 23rd August 2019@€468 per week subject to the claimant having been in insurable employment for the relevant period under the Social Welfare Acts
Dated: 9th June 2021
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Key Words:
Redundancy payment |