ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055204
Parties:
| Complainant | Respondent |
Parties | David Williamson | SCH Construction Limited |
Representatives | Self-represented | No attendance |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00067272-001 | 08/11/2024 |
Date of Adjudication Hearing: 26/03/2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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 and to present any evidence relevant to the complaint. The complainant, Mr Williamson, attended the hearing and gave evidence under oath. There was no attendance from the respondent.
Background:
The complainant is seeking the full payment of statutory redundancy. The respondent has only made a part payment of his statutory redundancy entitlement. |
Summary of Complainant’s Case:
Summary of Complainant’s Evidence The complainant, Mr Williamson, gave testimony that he worked for the respondent from 15th March 2021 to 5th April 2024. He was paid €849 gross per week. His manager, Mr Niall Hourigan informed him that he would be let go. He then sought a redundancy payment and was paid €500 for 5 weeks totalling €2,500. He calculates that he is still owed €1772 of his statutory redundancy. He believes that the company went out of business due to outstanding tax liabilities. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing. |
Findings and Conclusions:
At the hearing, the complainant gave evidence on his employment with the respondent. I am satisfied that the complainant was made redundant and allow his appeal. I find that he is entitled to a full statutory redundancy payment. He confirmed that he had already received €2,500. I allow the complainant’s appeal and find that he is entitled to the remainder of a statutory redundancy payment of €1772. |
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 and find that he is entitled to the remainder of a statutory redundancy payment based on the following criteria: -Date of commencement of employment 15th March 2021 -Date of termination 5th April 2024 -Gross weekly wage €849 subject to the cap of €600 -Payment received €2,500 -Remainder due €1772 The award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 27th March 2025.
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Redundancy payment |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055204
Parties:
| Complainant | Respondent |
Parties | David Williamson | SCH Construction Limited |
Representatives | Self-represented | No attendance |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00067272-001 | 08/11/2024 |
Date of Adjudication Hearing: 26/03/2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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 and to present any evidence relevant to the complaint. The complainant, Mr Williamson, attended the hearing and gave evidence under oath. There was no attendance from the respondent.
Background:
The complainant is seeking the full payment of statutory redundancy. The respondent has only made a part payment of his statutory redundancy entitlement. |
Summary of Complainant’s Case:
Summary of Complainant’s Evidence The complainant, Mr Williamson, gave testimony that he worked for the respondent from 15th March 2021 to 5th April 2024. He was paid €849 gross per week. His manager, Mr Niall Hourigan informed him that he would be let go. He then sought a redundancy payment and was paid €500 for 5 weeks totalling €2,500. He calculates that he is still owed €1772 of his statutory redundancy. He believes that the company went out of business due to outstanding tax liabilities. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing. |
Findings and Conclusions:
At the hearing, the complainant gave evidence on his employment with the respondent. I am satisfied that the complainant was made redundant and allow his appeal. I find that he is entitled to a full statutory redundancy payment. He confirmed that he had already received €2,500. I allow the complainant’s appeal and find that he is entitled to the remainder of a statutory redundancy payment of €1772. |
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 and find that he is entitled to the remainder of a statutory redundancy payment based on the following criteria: -Date of commencement of employment 15th March 2021 -Date of termination 5th April 2024 -Gross weekly wage €849 subject to the cap of €600 -Payment received €2,500 -Remainder due €1772 The award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 27th March 2025.
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Redundancy payment |