ADJ-00000152

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000152

Complaints for Resolution:

Date of Adjudication Hearing: 17/02/2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

The six complainants referred complaints to the Director General of the Workplace Relations Commission on the 13^th October 2015. The complaints are made pursuant to the Workplace Relations Act, 2015 and seek redress under the Redundancy Payment Acts. The complainants are agricultural workers and the respondent is a grower of agricultural products.

Attendance at Hearing:

At the outset of the adjudication, it became apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the adjudication hearing and having been satisfied of this, I proceeded with the adjudication in the respondent’s absence. The six complainants attended and were represented by solicitor.

Complainants’ Submission and Presentation:

The six complainants all worked as agricultural workers with the same respondent. They commenced employment on different dates between the years of 2004 and 2013. They provided to the adjudication documentary evidence of their respective start dates. The complainants were employed under the same terms and conditions. They were paid €390 per week and worked 45 hours per week. The complainants received correspondence from the respondent dated the 11th November 2014 and the 15th June 2015 regarding changes to their hours of work.On the 3rd September 2015, the respondent issued correspondence to each complainant stating that their employment would end on the 17^th September 2015. The letters refer to a downturn in the respondent’s business. Each letter also contains a paragraph that states "It is regrettable that you declined the opportunity to attend for interview with a local grower and avail of alternative employment which the company secured for you. The working terms and conditions of this employment were as explained, of a similar nature to your current employment." I enquired into this statement. The solicitor representing the six complainants said that he wrote to the respondent to ask about the reference to “local grower” in the letter and to express each complainant's interest in the roles. The letter drafted by the solicitor on each complainant’s behalf also states that the reference to "local grower" is not an associated company within the meaning of section 16 of the Redundancy Payment Act, 1967. There was no response from the respondent and no such interview or offer was made.

Respondent’s Submission and Presentation:

The respondent did not make submissions in advance of the adjudication and did not attend the hearing. The complainants submitted correspondence issued by the respondent, dated the 11th November 2014, the 15th June 2015 and the 3rd September 2015.

Findings and reasoning:

The complainants were informed of the end of their employment in correspondence dated the 3rd September 2015. Their employment ended on the 17th September 2015. Each complainant received the same letter and it refers to an offer of an interview with a local grower. The complainants wrote to signal their interest in this alternative employment, and no further information was provided by or behalf of the respondent.It follows that the complainants are each entitled to a redundancy payment pursuant to the Redundancy Payments Acts.

Decision:

Accordingly, I am satisfied that a redundancy situation occurred in respect of each complainant and they are each entitled to a redundancy lump sum payment under the Redundancy Payment Acts, 1967 to 2014, based on the following information for each named complainant:

Date of commencement: 10 June 2005  Date of termination: 17 September 2015 Weekly gross pay: €390

Date of commencement: 8 March 2006  Date of termination: 17 September 2015 Weekly gross pay: €390

Date of commencement: 9 June 2005  Date of termination: 17 September 2015 Weekly gross pay: €390

Date of commencement: 15 April 2004  Date of termination: 17 September 2015 Weekly gross pay: €390

Date of commencement: 9 May 2013  Date of termination: 17 September 2015 Weekly gross pay: €390

Date of commencement: 23 September 2008  Date of termination: 17 September 2015 Weekly gross pay: €390

These awards are made subject to each complainant having been in insurable employment under the Social Welfare Acts during their respective periods of employment.

Dated:   23^rd March 2016