ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00047034

Parties:

	Complainant	Respondent
Parties	Brendan Moylan	Mmp Living Pearl Street Enterprises

Representatives

In person

Did not attend hearing.

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-00057880-001	24/07/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00057880-003	24/07/2023

Date of Adjudication Hearing: 10/11/2023

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 from 24th June 2013 until 30th June 2023. The Complainant was employed as a Software Developer.

This complaint was received by the Workplace Relations Commission on 24th July 2023.

Summary of Complainant’s Case:

The Complainant was let go from his job on 30th June 2023 with the only information being provided being that the company was forced to shut its doors and cease trading.

The Complainant has been in touch with some of his former colleagues and the only information they've received is that the company has gone bankrupt.

The Complainant has been in touch with his former employers several times about getting his redundancy. The first time he was told that he wouldn't be paid it, the Complainant then sent in form RP77 (on 10/07/23) formally requesting payment and has only received a response to say they would look into it. The Complainant has received nothing since.

Summary of Respondent’s Case:

The Respondent did not attend the scheduled hearing of the complaint.

I am satisfied that the Respondent received notification containing all the details for the hearing.

Findings and Conclusions:

CA – 00057880 – 001 - Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967.

The Complainant is entitled to a statutory redundancy payment based on the following:

Start Date – 24th June 2013.

End Date – 30TH June 2023.

Earnings per week – €1,375.00

Hours worked per week – 40 hours

Employer’s Registered Number – unknown.

CA – 00057880 – 002. - Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973.

The Complainant has an entitlement to six weeks pay in lieu of notice. This amounts to €8,250.

I find both the complaints are well founded.

I now order the Respondent to make these payments to the Complainant within the next 42 days.

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 find both the complaints are well founded.

CA – 00057880 – 001

The Complainant is entitled to a statutory redundancy payment.

CA – 00057880 – 002

The Complainant has an entitlement to six weeks’ pay in lieu of notice. This amounts to €8,250.

I now order the Respondent to make these payments to the Complainant within the next 42 days.

Dated: 14/11/2023

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Redundancy Payments Act 1967; Minimum Notice and Terms of Employment Act, 1973.