ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004628
Complaint 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: 20/10/2016
Workplace Relations Commission Adjudication Officer: Pat Brady
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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 by me and to present to me any evidence relevant to the complaint
Attendance at Hearing:
A Drinks Distributor
Complainant’s Submission and Presentation:
The respondent company took over the business in March 2015 but it is now in receivership. The complainant was made redundant but did not receive a redundancy payment.
Respondent’s Submission and Presentation:
The respondent attended the hearing and did not dispute the complainant’s redundancy. He was at some loss to explain why Form RP 50 had not issued to the complainant.
The respondent undertook to put matters to right in this regard and ensure that a certificate of redundancy would issue.
Findings and Conclusions
There was no disagreement between the parties and the respondent undertook to attend to the necessary paperwork to enable the complainant to qualify for a redundancy payment. I deferred issuing a decision on the basis of giving the respondent just over four weeks to make the necessary administrative arrangements.
But the deferral of a decision was on the basis that in the event of his failure to act on the commitment given at the hearing , and having heard both sides of the case fully, I would proceed to issue a decision in the matter.
I was advised by email on the agreed date by the complainant that he had heard nothing further from the respondent and therefore I now issue my decision on the complaint.
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 uphold complaint CA-00006405-001 under Section 39 of the Redundancy Payments Act, 1967.
I find that the complainant was made redundant and is entitled to a redundancy payment based on his service from April 2nd 2012 to September 18th 2015.
Dated: 9th December 2016