Case Number: ADJ-00016840. Workplace Relations Commission

• Date: 02 July 2019
• Docket Number: : ADJ-00016840
• Court: Workplace Relations Commission
• Parties: A manager v A steel stockholding company

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).

Background:

The Complainant was employed by the Respondent as a General Manager. Employment commenced on 1st April 2004 and ended on 28th February 2018 when the company ceased trading. This complaint was received by the Workplace Relations Commission on 13th September 2018.

Summary of Complainant’s Case:

The Complainant was employed by the Respondent and on 28th February 2018 that the company were ceasing to trade with immediate effect and that he should claim his statutory redundancy entitlement from the Department of Employment Affairs and Social Protection. On 28th February 2018 when the company ceased trading the Complainant had accrued 28 days holiday entitlement.

Summary of Respondent’s Case:

The Respondent did not attend the hearing of the complaint. Correspondence in relation to the hearing was sent to the Respondent on 21st May 2019.

Findings and Conclusions:

The Complainant was made redundant, he is entitled to his statutory redundancy entitlement. Under the Organisation of Working Time Act the complaint in relation to outstanding annual leave was received outside the time limit of six months. I asked the Complainant to explain why this was so and accept the explanation provided. Under section 27 (5) of the...