ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003987
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: 11/11/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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 1st May 1989 to the 2nd October 2015. He worked 40 hours per week and was paid an average of a €1020 per week. It was submitted that the respondent went to liquation on 2nd October 2015. The claimant was not consulted in any way and was not paid his 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 €32,326.03 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 €32,326.03 in redundancy in accordance with the liquidator’s calculations.
Dated:13th December 2016