ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00028574
Parties:
| Complainant | Respondent |
Parties | Chris Farrell | Mr. Alan Walsh |
[OL1]
Representatives | Ann Conan, Co. Wicklow Citizens Information Service | Did not attend. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00036897-001 | 15/06/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00036897-002 | 15/06/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00036897-004 | 15/06/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00036897-005 | 15/06/2020 |
Date of Adjudication Hearing: 22/02/2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed by the Respondent as a Labourer. Employment commenced 0n 3rd July 2017 and ended on 11th October 2019. The Complainant worked 40 hours per week and was paid a gross wage of €662.26. |
Summary of Complainant’s Case:
The Complainant was employed by the Respondent on 3rd July 2017. On 11th October 2019 the Complainant was issued one weeks’ notice that his employment was being terminated. The Complainant wrote to the Respondent on 10th December 2019 requesting that he be paid all monies that he was owed including his statutory redundancy payment, he also enclosed form RP77 with this letter. The letter was sent to the Respondent by Registered Post and was returned to the Complainant unopened. A second letter was sent by Citizens Information office, no reply was received to this letter. This complaint was received by the Workplace Relations Commission on 15th June 2020. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing of this complaint. A letter containing all details for the hearing of the complaint was sent to the Respondent on 18th January 2022. Efforts to contact the Respondent on the day of the hearing were unsuccessful. I am satisfied that every effort was made to contact the Respondent in relation to the hearing of the complaint. |
Findings and Conclusions:
CA-00036897-001 – complaint submitted under section 12 of the Minimum Notice and Terms of Employment Act, 1973. Subject to section 41(6) of the Workplace Relations Act, 2015 an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates. The Complainant offered no reasonable cause as to why this time limit should be extended. CA – 00036897 – 002 – complaint submitted under section 7 of the Terms of Employment (Information) Act, 1994. Subject to section 41(6) of the Workplace Relations Act, 2015 an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates. The Complainant offered no reasonable cause as to why this time limit should be extended. CA – 00036897 – 004 – complaint submitted under section 27 of the Organisation of Working Time Act, 1997. Subject to section 41(6) of the Workplace Relations Act, 2015 an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates. The Complainant offered no reasonable cause as to why this time limit should be extended. CA – 00036897 – 005 – complaint submitted under section 39 of the Redundancy Payments Act, 1967. The Complainant has an entitlement to a statutory redundancy payment based on the following particulars of employment: Start Date: 3rd July 2017. End Date: 18th October 2019. Weekly Working Hours: 40 Weekly gross pay: €662.26. Occupation: Labourer. I do hereby order the Respondent to pay a statutory redundancy payment to the Complainant within 42 days from the date of this decision.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) 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.
I do hereby order the Respondent to pay a statutory redundancy payment to the Complainant within 42 days from the date of this decision.
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Dated: 25th February 2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Out of time; Redundancy Payments Act, 1967. |