ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049164
Parties:
| Complainant | Respondent |
Parties | Thomas Gibney | Veracity Maintaining Partnerships Limited |
Representatives | N/A | N/A |
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-00060422-001 | 07/12/2023 |
Date of Adjudication Hearing: 12/03/2024
Workplace Relations Commission Adjudication Officer: David James Murphy
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 Complainant worked for the Respondent from the 29th of September 2016. In late July 2023 the Respondent shuttered the business unexpectedly. The Complainant initially brought a payment of wages complaint for his outstanding salary. This Complainant was considered and upheld in ADJ-00047266. |
Summary of Complainant’s Case:
The Complainant attended the hearing and gave evidence under affirmation. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing, nor did they attend the previous hearing under ADJ-00047266. I am satisfied that they were on notice of the hearing. |
Findings and Conclusions:
The wider facts of the Complainant’s employment relationship are already set out in ADJ-00047266. I will not restate them here. Section 2 of the Redundancy Payments Act sets out that an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to— (a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed, or The Complainant was clearly made redundant when his employment was terminated due to his employer closing the business on the 28th of July 2023. He has the requisite service to be entitled to a redundancy lump sum. |
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.
I have decided that the complainant is entitled to a redundancy payment based on the following criteria: Date of Commencement: 29th of September 2016 Date of Termination: 28th of July 2023 Gross Weekly Pay: €949.26 |
Dated: 14/03/2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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