ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00054672

Parties:

Complaint:

Date of Adjudication Hearing:  06/03/2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015following 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. The matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.

Background:

The claim is for statutory redundancy payment.

Summary of Complainant’s Case:

The Complainant stated that he was employed as a HGV Driver with the Respondent from 20 November 2020 until he was made redundant on 16 September 2024.  His gross weekly earnings was €850 per week. He received a letter in September 2024 from one of the Company Directors to confirm that there was no further work for him.  He did not receive payslips so he had to get his earnings details from Revenue Commissioners.

Summary of Respondent’s Case:

The Respondent did not attend the hearing.

Findings and Conclusions:

The Complainant provided a letter from the Director of the Company confirming that there was no longer work for him from 16 September 2024.

As the cap on weekly pay for redundancy is €600, I find the claim for redundancy well founded and base my decision on weekly pay of €600.

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.

I have decided that the Complainant is entitled to a statutory redundancy payment based on the following criteria:

Date of commencement of employment:              20 November 2020

Date of termination of employment:                       16 September 2024

Gross weekly pay:                                                            €600

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

Dated:   27.03.25.

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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