ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046770
Parties:
| Complainant | Respondent |
Parties | Patrick Davis | Frank O Shea |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self-Representative | No Appearance |
Complaint:
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-00057653-001 | 07/07/2023 |
Date of Adjudication Hearing: 23/11/2023
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 Complaint Form was submitted on 7 July 2023 to the Workplace Relations Commission.
The Complainant appeared to give evidence.
There was no appearance by or on behalf of the Respondent |
Summary of Complainant’s Case:
It was the Complainant’s case that he commenced employment on 11 April 2018 with the Respondent as a truck driver. He described the Respondent has a good employer. The Complainant stated the Respondent lost his contract with delivery company and he was made redundant. He stated he was notified on 18 July 2022 and his last day of work was 19 August 2022. However, no redundancy payment was received despite his requests. On 26 April 2023 he sent a RP77 Form to the Respondent, but no response was received. |
Summary of Respondent’s Case:
There is correspondence from the Respondent to the Workplace Relations Commission in relation to the complaint. The Respondent stated he would not attend the hearing and was not in a position to make any redundancy payment to the Complainant. |
Findings and Conclusions:
On the basis there was no appearance by or on behalf of the Respondent and having reviewed the documentary evidence and oral testimony of the Complainant I am allowing the Complainant’s appeal. |
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 find the Complainant’s appeal is allowed and entitled to redundancy payment pursuant to the Redundancy Payment Acts 1967 – 2012 on the following basis: Start Date: 11 April 2018 End Date: 22 July 2022 Termination Date: 19 August 2022 Hours Worked Per Week: 40 Hours Weekly Gross Wage: €600 This payment is subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 22/01/2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Redundancy |