ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049301
Parties:
| Complainant | Respondent |
Parties | Jason Broaders | Declan Cullen |
Representatives |
| Barry Keating Barry Keating & Co. |
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-00060576-001 | 18/12/2023 |
Date of Adjudication Hearing: 18/04/2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 worked for the Respondent from the 20th of May 2012 until the 30th of June 2023 when they suddenly stopped trading. |
Summary of Complainant’s Case:
The Complainant attended a WRC hearing and submitted written evidence. He alleges he was not paid his redundancy owing. |
Summary of Respondent’s Case:
The Respondent was notified of the hearing at the address the Complainant supplied and they did not attend the hearing. |
Findings and Conclusions:
Section 2 of the Redundancy Payments Act sets out that an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to— (a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed, or The Respondent ceased trading and the Complainant lost his job. This is clearly a redundancy situation. The Complainant is entitled to a redundancy lump sum payment. |
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.
This complaint is well founded. I have decided that the complainant is entitled to a redundancy payment based on the following criteria: Date of Commencement: 20th of May 2012 Date of Termination: 30th of June 2023 Gross Weekly Pay: €844 |
Dated: 21st March 2025
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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