ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044827
Parties:
| Complainant | Respondent |
Parties | David Quinn | Lisheens House Drop-In Center Company Limited by Guarantee (amended on consent) |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self-Represented | JRAP O’Meara LLP |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00055512-001 | 12/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00055512-002 | 12/03/2023 |
Date of Adjudication Hearing: 04/10/2023
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complaint Form was received by the Workplace Relations Commission on 12 March 2023. This complaint was heard with a linked case of ADJ-00044877.
The Complainant re-presented himself at the hearing and swore an affirmation.
The Respondent’s witness swore an affirmation at the outset the hearing but did not give evidence at the hearing.
At the outset of the hearing the Respondent accepted the complaints.
Documents were exchanged in advance and shared on screen during the hearing.
The Respondent’s name was amended at the hearing. |
Summary of Complainant’s Case:
The Complainant gave evidence that he did ask for a contract in 2019 but did not receive a contract of employment from his employer. It was his evidence that the ought redundancy payment from his employment upon his employment being terminated due to financial issues, but nothing was forthcoming. He confirmed his start and end date, hours of work and weekly gross pay. |
Summary of Respondent’s Case:
The Respondent outlined the financial difficulties faced by the Respondent the hearing and accepted the Complainant did not receive a redundancy payment. IT was further submitted the Respondent did not have evidence to contradict the complaint under the Terms of Employment (Information) Act, 1994. |
Findings and Conclusions:
CA-00055512-001 Section 3 (4) of the Act states- “A statement furnished by an employer shall be signed and dated by or on behalf of the employer.” I find the complaint is well founded. As per Section 7 of the Act, there is provision to pay the employee compensation of such amount as the adjudicator considers just and equitable having regard to all the circumstances, but not exceeding 4 weeks’ remuneration. CA-00055512-002 I find the Complainant’s appeal is allowed under the Redundancy Payments Acts 1967 – 2012. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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.
CA-00055512-001 I find the complaint is well founded. Having regard for all the circumstances of this complaint I am awarding the Complainant compensation in the sum of €1,420.44 as being just and equitable. CA-00055512-002 I find that the Complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payments Acts 1967 -2014, in accordance with the following details: Date of commencement of employment: 14 November 2019 Date of termination of employment: 24 March 2023 Gross weekly pay: €710.22 Hours of Work: 39 Hours per week This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 10th October 2023
Workplace Relations Commission Adjudication Officer: Una Glazier-Farmer
Key Words:
Redundancy Payment |