ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048465
Parties:
| Complainant | Respondent |
Parties | Damien Fitzgerald | Crosslane Digital Ltd |
Representatives | Self-represented | No appearance |
Complaints:
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-00056825-001 | 24/05/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11A of the Protection of Employment Act 1977 | CA-00056825-002 | 24/05/2023 |
Date of Adjudication Hearing: 23/01/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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 seeks statutory redundancy.
Summary of Complainant’s Case:
The Complainant was employed by the Respondent employer from 1 June 2007 on a weekly wage of €519.29. His employment ended on 21 June 2022 when he was laid off from his job due to Covid. His attempts to obtain statutory redundancy have been unsuccessful. The Respondent did not respond to requests for information or confirmation of lay off or redundancy.
Summary of Respondent’s Case:
The Respondent was notified of the date, time and venue for the hearing but did not attend or provide an explanation for his absence.
Findings and Conclusions:
CA-00056825-001
Based on the uncontested evidence of the Complainant I find that he is entitled to a statutory redundancy payment based on the following criteria:
Date of Commencement: 1 June 2007
Date of Termination: 21 June 2022
Gross Weekly Pay: €519.29
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
CA-00056825-002
As this complaint was submitted under the Protection of Employment Act 1977 which deals with collective redundancies, it is not relevant to the individual claim. As provided for in Section 21 of that Act, proceedings are prosecuted by the Minister and not the Workplace Relations Commission and this complaint is misconceived.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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-00056825-001
Based on the uncontested evidence of the Complainant I find that he is entitled to a statutory redundancy payment based on the following:
Date of Commencement: 1 June 2007
Date of Termination: 21 June 2022
Gross Weekly Pay: €519.29
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
CA-00056825-002
As this complaint was submitted under the Protection of Employment Act 1977 which deals with collective redundancies, it is not relevant to the individual claim. As provided for in Section 21 of that Act, proceedings are prosecuted by the Minister and not the Workplace Relations Commission and this complaint is misconceived.
Dated: 14th of February 2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Statutory redundancy |