ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036069
Parties:
| Complainant | Respondent |
Parties | Kajetan Soltys | Valero Financial Limited |
Representatives | In person | No attendance |
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-00047295-001 | 23/11/2021 |
Date of Adjudication Hearing: 11/10/2022
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 Respondent company business was significantly impacted by the Covid 19 pandemic and the Complainant was placed on lay off. He was not offered his job back after the moratorium lifted (on the right to claim redundancy) on 30 September 2021. He still has not been paid redundancy. |
Summary of Complainant’s Case:
The Complainant attended the hearing and under affirmation stated as follows: The Complainant confirmed the name of the Respondent. The Complainant commenced work for the Respondent on 1 January 2015 The Complainant ended work on 23 August 2021. The Complainant was laid off during the Covid pandemic. In September 2021, after the moratorium on the right to claim redundancy for long term lay off was lifted (30.9.21) the Complainant did not return to work and was advised by the Respondent that his job was gone. The Complainant not paid redundancy, despite the fact that the Respondent agreed (on 2 October 2021) that the Complainant had been made redundant. This complaint issued on 23 November 2021. The Complainant was not critical of his former employer, he had been happy working for him but equally he felt he was entitled to be paid redundancy. |
Summary of Respondent’s Case:
No appearance. The director of the Respondent contacted the WRC immediately prior to the hearing on 11 October 2022 requesting further time. This request was made because of challenging personal circumstances that he and his family were in. The Respondent was advised by the WRC case Officer to attend the Adjudication hearing and to apply to the Adjudicator for an adjournment, however the Respondent did not attend. |
Findings and Conclusions:
The Respondent did not attend the hearing and I was satisfied that he was on notice of the hearing. I am satisfied that the Complainant was made redundant and is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of his employment and based on the following facts: Commencement date: 1 January 2015 End of Employment: 23 August 2021 Gross weekly pay: €429.00
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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.
CA-00047295-001 This complaint is well founded. An award should be made to the Complainant based on the following details: Commencement date: 1 January 2015 End of Employment: 23 August 2021 Gross weekly pay: €429.00
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Dated: 20th October 2022
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Redundancy |