ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052722
Parties:
| Complainant | Respondent |
Parties | Bernard Hennessy | Manor Stone Quarries Ltd |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self-Represented | Tom Hennessey |
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-00064638-001 | 29/03/2024 |
Date of Adjudication Hearing: 15/01/2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 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.
Background:
The Complainant gave evidence on affirmation.
Mr. Tom Hennessey appeared on behalf of the Respondent. He gave evidence on affirmation.
Mr. David King, Senior Manager with PWC appeared on behalf of the appointed Receiver of the Respondent, Mr. Ken Tyrell. Evidence was given on affirmation.
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Summary of Complainant’s Case:
It was the Complainant’s evidence that he worked with the Respondent from 17 August 2013 until 21 August 2023 when the Respondent went into liquidation. It was his evidence that his hours and wages varied. |
Summary of Respondent’s Case:
The Respondent accepted the Complainant’s evidence. The Receiver did not object to the evidence presented. |
Findings and Conclusions:
I allow the Complainant’s appeal pursuant to Section 39 of the Redundancy Payments Act 1967 – 2012 based on the undisputed evidence presented at the hearing. |
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 allow the Complainant’s appeal pursuant to Section 39 of the Redundancy Payments Act 1967 – 2012 based on the undisputed evidence presented at the hearing. I direct the Respondent to pay the Complainant a redundancy lump sum payment under the Redundancy Payments Act 1967- 2014 calculated on the basis of the following information. The Complainant commenced employment on 17 August 2013 The Complainant’s received notice on 21 August 2023. The Complainant’s employment terminated on 18 September 2023 (taking into account his statutory notice period) The Complainant was paid €620 per week gross based on a 40-hour week |
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Dated: 21st of March 2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Redundancy |