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 a result of the termination of his employment by the Respondent.
Legislation involved and requirements of legislation:
The Redundancy Payment Act 1967
Decision:
Based on the uncontested evidence presented by and on behalf of the Complainant, in particular, the email of 23 July 2015 from the Respondent to the Complainant , I am satisfied that a genuine redundancy situation exists here.
Consequently, I find in favour of the Complainant. He is therefore entitled to redundancy payment in line with the Redundancy Payment Act 1967 on the following basis:
Date of Commencement: 15 September 2008
Date employment ended: 24 July 215
Gross Weekly wage: €564.00
Section 17 (1) of the Redundancy Payments Act 1967 requires that an employer who proposes to dismiss an employee, with more than four years’ service, by way of redundancy, is required to give two weeks’ notice in writing to that employee. While the Complainant in this case did not identify his claim for notice as a separate claim on his WRC Application Form, I am satisfied that it is contained in the narrative of his application and is, therefore, legitimately before me for consideration.
The uncontested evidence presented at the Hearing clearly shows no notice was provided and in fact that the Respondent had to go to considerable lengths to get any information in relation to the situation from his employer.
Consequently, on the basis that, I find in the Complainant’s favour and order payment of two week’s wages at €564.00 per week.
Dated: 11/05/2016