ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005566
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: 11/01/2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
In accordance with Section 39 of the Redundancy Payments Act, 1967, 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).
Complainant’s Submission and Presentation:
The complaint was received by the WRC on 24th October 2016.
The complainant, a fitter, was employed by the respondent, a small engineering company, from 3rd March 1990, until 23rd September 2016.
The complainant was given three days verbal notice that the company was about to close. He was told that the company was not in a position to pay redundancy. The complainant sought an RP45 Form from his employer and his employer’s accountant but none was forthcoming.
Respondent’s Submission and Presentation:
The respondent did not attend the hearing.
Section 39 of the Redundancy Payments Act, 1967, requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of that Act.
Based on the uncontested evidence of the complainant I find the claim for redundancy payment is upheld.
The calculation for the award of redundancy is based on the following information:
Date of commencement; 1st March 1990
Date of termination; 23rd September 2016
Gross weekly pay; €675.00
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.