ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004401
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, 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 February 2006 to the 2nd October 2015. He worked 40 hours per week and was paid an average of €645.82per week. It was submitted that the respondent went into liquidation 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 the liquidator confirmed that the start and finish dates of employment were correct and that based on his calculations the claimant is owed €12,205.48 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 €12,205.48 redundancy payments in accordance with the liquidator’s calculations.
Dated: 13th December 2016