ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053681
Parties:
| Complainant | Respondent |
Parties | Kumar Swapneel Shreyansh | 9th Impact Limited |
Representatives | Self-represented | Not represented |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00065520-001 | 20/08/2024 |
Date of Adjudication Hearing: 25/11/2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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 and to present any evidence relevant to the complaint. The hearing was a remote hearing. Mr Shreyansh, the complainant attended the hearing and gave evidence under affirmation. There was no representative of the respondent in attendance.
Background:
The complainant was employed as a Business Analyst, from 1st October 2020 to 22nd December 2023. He earned €2,800 gross per month. His complaint is that he has been made redundant and has not received a redundancy payment. |
Summary of Complainant’s Case:
Summary of Complainant’s Evidence The complainant outlined that in 2023, some staff had left the company, and he took on extra responsibilities. The staff were reduced to three and towards the end of 2023, he was informed that the company could not support his role as they were awaiting funds. The complainant received a letter from the Company Director dated 3rd January 2024 stating that his employment was terminated on 22nd December 2023. |
Summary of Respondent’s Case:
There was no attendance by a representative of the company. I am satisfied that the respondent was on notice of the hearing arrangements. |
Findings and Conclusions:
CA-00065520-001 Redundancy Payment Complaint It is evident from the testimony of the complainant that towards the end of 2023, the respondent did not have the funding to maintain his post. The letter from the Company Director terminated his employment with effect from 22nd December 2023. I allow the complainant’s appeal and find that he is entitled to a statutory redundancy lump sum payment under the Redundancy Payments Acts 1967-2014 based on the following criteria: -Date of commencement of employment 1st October 2020 -Date of termination 22nd December 2023 -Gross weekly wage €700 The award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. The calculation of gross weekly pay is subject to a ceiling of €600. |
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.
CA-00065520-001 Redundancy Payment Complaint I allow the complainant’s appeal and find that he is entitled to a statutory redundancy lump sum payment under the Redundancy Payments Acts 1967-2014 based on the following criteria: -Date of commencement of employment 1st October 2020 -Date of termination 22nd December 2023 -Gross weekly wage €700 The award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. The calculation of gross weekly pay is subject to a ceiling of €600. |
Dated: 3rd December 2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Redundancy |