ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00049512

Parties:

	Complainant	Respondent
Parties	Sean McGarry	John O Shea Building & Renovations Ltd

Representatives

In person

Did not attend

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-00060795-001	02/01/2024

Date of Adjudication Hearing: 18/04/2024

Workplace Relations Commission Adjudication Officer: Jim Dolan

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following 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 Complainant was employed by the Respondent from 7th February 2011 until 13th January 2023. He was employed as a building labourer.

This complaint was received by the Workplace Relations Commission on 2nd January 2024.

Summary of Complainant’s Case:

The Complainant asserts that he is due a statutory redundancy payment.

The Complainant made attempts to secure his statutory redundancy payment from his employer and also from the Liquidator.

Summary of Respondent’s Case:

There was no show at the hearing by the respondent or the Liquidator.

I am satisfied that the Respondent was on notice of the hearing of the complaint.

The Respondent company has entered liquidation. Liquidator details are as follows:

Gaynor & Company Chartered Accountants

115 North Main Street,

Wexford Town

Y35 TX2H

Phone: 053 9124239

Findings and Conclusions:

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

Start Date: 7th February 2011.

End date: 13th January 2023.

Notice date: 13th January 2023.

Weekly wages: €824.69

Hours per week: 40 hours.

Employer (PAYE) Number: 9755476R

I now order the Respondent to make the statutory redundancy payment to the Complainant within 42 days from the date of this decision.

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 now order the Respondent to make the statutory redundancy payment to the Complainant within 42 days from the date of this decision.

Dated: 30th April 2024.

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Redundancy Payments Act 1967.