ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050180
Parties:
| Complainant | Respondent |
Parties | Ion Oprea | Cloughwater Plastics Ltd Van Werven / Liquidator – Interpath Accountants |
Representatives | Ms I C Simina | Un Represented – Non-Attendance |
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-00061589-001 | 15/02/2024 |
Date of Adjudication Hearing: 29/05/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act, 1967 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 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 Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Oath or 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 the claim for Statutory Redundancy by the Complainant against the Respondent Employer. The Employment had ceased abruptly on the 7th November 2023. The Complainant had commenced employment on the 6th November 2017. The Rate of Pay was stated by the Complainant to have been €815 per week. |
1: Summary of Complainant’s Case:
The Complainant gave evidence under sworn oath. He was represented by Ms Simina The Employment had ended on the 7th November 2023. Attempts to secure Statutory Redundancy, to date of the Hearing, had been unsuccessful. Dates of employment and some Revenue / Social Protection documentation was submitted in evidence. |
2: Summary of Respondent’s Case:
There was no appearance / submission from the Respondent. |
3: Findings and Conclusions:
On the basis of the Sworn Evidence presented and questioning from the Adjudication Officer the Adjudication view has to be that the Complainant is due Statutory Redundancy. The effective dates are from 6th November 2017 to the 7th November 2023. These dates and the inclusion of a number of Holiday breaks are subject to Social Protection and Revenue verification from their Records. |
4: Decision:
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.
CA-00061589-001
The Complainant is due Statutory Redundancy from the 6th November 2017 to the 7th November 2023 (subject to Social Protection verification of dates) at the Statutory Rate of €600 per week.
Dated: 30th May 2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy |