ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047881
Parties:
| Complainant | Respondent |
Parties | John Walsh | Ridge County Civils Limited (In receivership) |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | Daniel O Reilly , Citizens Information | Mícheál Leydon ,Outlook Accountants (Receiver). |
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-00058848-001 | 15/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00058848-002 | 15/09/2023 |
Date of Adjudication Hearing: 13/02/2024
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 Acts, 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 6th October 2020 until 12th May 2023. The Complainant was employed as a Steel Fixer. Gross weekly pay was €938.58 per 45-hour week. This complaint was received by the Workplace Relations Commission on 15th September 2023.
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Summary of Complainant’s Case:
CA – 00058848 – 001. The Complainant asserts that he is entitled to a statutory redundancy payment. CA – 00058848 – 002. The Complainant asserts that he is entitled to the following: 1. Final weeks’ pay - €720.00 2. Outstanding holiday pay of €900.00 3. Payment in lieu of notice €1440.00. |
Summary of Respondent’s Case:
Mr Micheal Leydon (Outlook Accountants, Receiver) attended the hearing and informed the hearing that he was not in a position to either accept or reject the assertions made by the Complainant. Employment records from the Respondent could not be located. Mr Leydon has had no contact with the Respondent for several months. |
Findings and Conclusions:
I accept the facts presented on behalf of the Complainant and my decision is as follows: CA – 00058848 – 001. The Complainant is entitled to a statutory redundancy payment based on the following: Start Date - 6th October 2020. End date - 12th May 2023. Gross weekly earnings - €938.58 Hours worked per week – 45 Notice period – none given to Complainant.
The complaint as presented is well-founded. This statutory redundancy payment should be made to the Complainant within 42 days from the date of this decision.
CA – 00058848 – 002. I find the complaint as presented to be well founded and now order the Respondent to make the following payments to the Complainant: 1. Final weeks’ pay - €720.00 2. Outstanding holiday pay of €900.00 3. Payment in lieu of notice €1440.00. These payments should be made to the Complainant within 42 days from the date of this decision. |
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.
As outlined above. |
Dated: 14th February 2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy; outstanding payments due. |