ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019873
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Operator | A Packaging Firm |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00026347-001 | 18/02/2019 |
Date of Adjudication Hearing: 17/04/2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following 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).
Background:
The Complainant was informed the Company was closing, that the Company had no finance and she was not paid redundancy pay. |
Summary of Complainant’s Case:
The Complainant was employed as a General Operator from May 6th 201 to September 7th 2018. The Complainant was informed that the operation was ceasing effective immediately on September 7th 2018 and the Company had no funds to make a redundancy payment. The Complainant earned 343 Euros per week for a 35 Hour week. The Complainant did not receive any redundancy payment. The Complainant is seeking a redundancy payment under the Act. |
Summary of Respondent’s Case:
I am satisfied that the Respondent was notified of the date, time and place of the Hearing and they were not present at the Hearing. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
| . | Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.” Therefore subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, I find that the complaint is well founded and the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof) plus a week on the following basis; Date of Commencement : May 6th 2016 Date of Termination: September 7th 2018 Gross Weekly Wage: 343 Euros per week |
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Dated: 28.5.19
Workplace Relations Commission Adjudication Officer: Peter O'Brien
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