ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00041458
Parties:
| Complainant | Respondent |
Parties | Michael McDonald | Claire Noble The Beaumont Bakery |
Representatives |
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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-00052558-001 | 03/09/2022 |
Date of Adjudication Hearing: 19/07/2023
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021, the Complainant was informed in advance that the Hearing would be in Public, that testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The required Affirmation was administered to the Complainant. The legal perils of committing Perjury were explained to the Complainant
Background:
The Complainant submitted a complaint form which was received by the WRC on 3 September 2022.
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Summary of Complainant’s Case:
The Complainant gave evidence on Affirmation. The Complainant stated that he had commenced employment with the Respondent on 24 January 2000. His employment with the Respondent ended on 3 September 2022. His weekly gross pay was €462.00. The Complainant gave evidence that the Respondent ceased trading in September 2022.
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Summary of Respondent’s Case:
The Respondent did not attend the hearing. A copy letter of notification of the hearing date addressed to the Respondent was on file. |
Findings and Conclusions:
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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.
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; 24 January 2000 Date of Termination; 3 September 2022 Gross Weekly Pay; €462.00 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.
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Dated: 25-July-2023
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Redundancy |