ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001099
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: 04/04/2016
Workplace Relations Commission Adjudication Officer: Emile Daly
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
Complainant’s Submission and Presentation:
The Complainant stated that he was let go from the Respondent’s employment as there was no work for him
Respondent’s Submission and Presentation:
The Respondent is a sole trader. He does not contest that a redundancy situation arose in this case but stated that he had no ability to pay the redundancy due to lack of funds in his business.
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.
Having carefully considered all of the evidence adduced in this case and based on the fact that the fact of the redundancy was conceded by the Respondent at the hearing, in accordance with the provisions of the Redundancy Payments Acts, 1967 to 2007, the appellant is entitled to a redundancy lump sum from the respondent based on the following:
Date of birth 1 January 1980
Date of commencement 20 October 1999
Date of termination 10 January 2015
Gross weekly pay €286.55
Dated: 20th July 2016