ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004019
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967
Date of Adjudication Hearing: 20/09/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
In accordance with Section 41(4) of the Workplace Relations Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
The claimant was employed by the respondent from the 28th October 2003 to the 2nd October 2015. He worked 40 hours per week and was paid an average of € 423.07 per week. It was submitted that the respondent went into liquation on 2nd October 2015. The claimant was not consulted in any way and was not paid their redundancy entitlements.
I find that the Liquidator did not dispute the claimant’s complaint and he agreed he was not paid redundancy. I find he confirmed his start and finish dates of employment were correct and that based on his calculations the claimant is owed €10,523.43 in redundancy payments.
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find the complaint to be well founded and in accordance with section 77 of the Redundancy Payments Acts the claimant is entitled to be paid €10,523.43 redundancy payments in accordance with the liquidator’s calculations .
Dated: 7 December 2016