ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056137
Parties:
| Complainant | Respondent |
Parties | Anthony Carr | Mobile Invaders Limited Mobile Service Point |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00068399-001 | 02/01/2025 |
Date of Adjudication Hearing: 25/03/2025
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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.
Background:
The respondent is a mobile phone repair facility where the complainant had been the Head Technician. There was one other employee. The complainant commenced with the respondent on December 6th, 2021, and the employment ended on November 14th, 2024.
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Summary of Complainant’s Case:
The complainant says that he was given one day’s notice that the respondent company was shutting down and that he would no longer be in employment. When he asked the respondent on the telephone about a redundancy payment, as he had nearly three years’ service with the company, the only reply was “there is no money, the company is insolvent”. The complainant gave evidence on affirmation. The incident leading to the closure of the business happened when it emerged that the respondent was in significant rent arrears of some €26,000 to the landlord, at which point the landlord arrived at the premises and said it was closing. The complainant raised the matter of his redundancy with the respondent who promised to ‘sort it out’ but he has not done so. He estimates that he is due €2698.00 on the basis of 2.96 years’ service. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
I find on the basis of the complainant’s uncontested evidence that his employment was terminated by reason for redundancy. The respondent was sent notice of the hearing to the business address. No explanation was received for his failure to attend. Based on the above start and finish dates and his uninterrupted service I find that he is entitled to a redundancy lump sum of €2691.00. |
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.
For the reasons set out above Complaint CA-00068399-001 is well founded and I award the complainant a redundancy lump sum in the amount of €2691.00.
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Dated: 23-04-25
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Redundancy |