ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028429
Parties:
| Complainant | Respondent |
Anonymised Parties | A technician | An Amusement Arcade |
Representatives | In person | No appearance |
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-00036512-001 | 03/06/2020 |
Date of Adjudication Hearing: 03/03/2021
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The complainant worked as a technician for an amusement arcade owner for 29 years and was made redundant when the arcade closed and the business ceased operating. No redundancy payment was made. |
Summary of Complainant’s Case:
The Complainant was made redundant on 19 July 2019 after 29 years of service. No redundancy payment was made. For the duration of his service, tax and PRSI was paid. |
Summary of Respondent’s Case:
No appearance by or on behalf of the Respondent and no request for an adjournment by or on behalf of the Respondent was made. |
Findings and Conclusions:
I am satisfied that the Respondent was put on notice of the Adjudication hearing and did not attend. Based on the uncontested evidence of the Complainant, I am satisfied that due to the closure of the employer’s business on 19 July 2019, that the Complainant’s role was made redundant and he did not receive any redundancy payment, as he is entitled to. |
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.
I find that the Complainant’s employment terminated on 19 July 2019 by reason of redundancy. I find therefore that the complaint under the Redundancy Payments Acts, 1967 – 2012 is well-founded and that the Complainant is entitled to a redundancy payment based on the following criteria: Date of Commencement: 2 January 1990 Date of Termination: 19 July 2019 Gross Weekly Pay: €455.13 This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 4th June 2021
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
redundancy |