Case Number: ADJ-00000072. Workplace Relations Commission

• Docket Number: ADJ-00000072
• Date: 01 May 2016
• Court: Workplace Relations Commission
• Parties: Claimant v Security Company

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000072

Complaint(s)/Dispute(s) for Resolution:

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-00000093-001	06/10/2015

Date of Adjudication Hearing: 21/03/2016

Workplace Relations Commission Adjudication Officer: Ray Flaherty

Procedure:

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(s)/dispute(s).

Complainant’s Submission and Presentation:

The Claimant worked for a previous employer since 16/09/2008. He was transferred to a new employer, (the Respondent ) on 01/11/2012. On 23/07/2015 he was told by a manager in the shop that his company is not going to provide security services any more. He got an email from the employer on the same day to confirm that. No minimum notice or redundancy paid.

The Complainant’s representative confirmed the facts of the case as set out in the Complaint Form.

The Complainant was told by the manager in the shop where he was providing security that the contract with the Respondent was ceasing with immediate effect. The Complainant contacted his boss by phone but was not provided with any information. However, some days later on 23 July 2015 he received an email from the Respondent advising that due to difficulties in getting insurance cover for the business the Complainant’s employment was terminating with effect from 24 July 2015.

After some delay, the Complainant received his outstanding wages and holiday, along with his P45.

Respondent’s Submission and Presentation:

The Respondent or any representative on his behalf did not attend the Hearing and whether he is entitled to payment in lieu of notice.

Decision:

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.

Issues for Decision:

The issue for decision is whether the Complainant is entitled to redundancy as...