ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047450
Parties:
| Complainant | Respondent |
Parties | Justin Ward | International Glass Co. Ltd |
Representatives | Self Represented | Non-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-00058315-001 | 15/08/2023 |
Date of Adjudication Hearing: 03/05/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - following the referral of the complaints 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Affirmation or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Oath / Affirmation was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
No issue regarding confidentiality arose.
Background:
The issue in contention was a claim for Redundancy by a Complainant against his former Employer. The Employment had commenced on the 1st September 1989 and ended on the 2nd December 2022. The weekly rate of pay was stated to have been €400 per week. |
1: Summary of Complainant’s Case:
The Complainant submitted copy RP50 documents and gave witness testimony under Oath. The former Employer had signed and accepted the RP50 documents and was not opposing the claim. |
2: Summary of Respondent’s Case:
The Respondent Employer accepted the liability and had signed to this effect on the RP 50 Form. |
3: Findings and Conclusions:
A claim for Statutory Redundancy has been investigated and found in the Complainant’s favour. I was satisfied that proper notice of the time, date and place of the Hearing had been properly served on the Respondent Employer. |
4: Decision:
CA: 00058315-001
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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.
The Complaint is deemed to be Well Founded
Statutory Redundancy calculated from the 1st September 1989 to the 2nd December 2022 is due to the Complainant.
The Rate of Pay was stated on the RP50 form to have been €400 per week.
Dated: 7th May 2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy |