ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Decision Reference: ADJ-00002557

Complaint for Resolution:

Venue: Ardboyne Hotel, Navan, Co. Meath

Date of Adjudication Hearing: 14/06/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 39 of the Redundancy Payments Act, 1967 following 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 Complainant was employed as a horticultural assistant from the 1^st of January 1985 to the 7^th of April 2016. He alleged that the Respondent failed to pay him his full redundancy entitlements contrary to section 39 Redundancy Payments Act, 1967. He filed his complaint with the Workplace Relations Commission on the 31^st March 2016.

Complainant’s Submission:

The Complainant outlined the following submission;

That he worked for the Respondent from the 1^st of January 1985 to the 7^th of April 2016. That he was paid at the rate of €589.89 gross per week. He left his employment for a short period on the 6^th of October 2000 but he returned to the same employment on the 30^th of November 2000 at the request of the Respondent. His manager at the time confirmed that there would be no break in his service if he returned. On the 12^th of June 2004, the retail Operations Manager at the time (Mr. D.McC) provided him with a written statement confirming his full continuity of service from 1985. He stated that the Respondent failed to provide him with his outstanding redundancy entitlement which he had accrued.

Employment Start Date -1^st January 1985

Employment End Date- 7^th April 2016

Gross Weekly Wage- €585.89

Years – 31

Days- 105

1. 31.29

Weeks Due- 62.58

Plus Bonus Week- 1

Total Weeks- 63.58

Statutory Entitlement- €589.89 x 63.58

Redundancy Claim- €37,250.89

Paid to Date- €18,549.00

Balance Due - €18,701.89

Respondent’s Submission:

The Respondent’s Representative stated that the Complainant commenced employment on the 1^st January 1985. He left his employment on the 6^th October 2000 and returned on the 30^th November 2000. Therefore his statutory redundancy entitlements should be from 30^th November 2000 to the 7^th April 2016.

Findings:

Based on the evidence provided by both parties, I find as follows;

The complainant did leave his employment on the 1^st October 2000 to take up another position, however his original employer at the time requested him to return to his original position. He did so on the 30^th November 2000 on the clear understanding that there would be no break in service if he returned. He received a commitment from the employer at the time that his service would be honoured in full. On the 11^th June 2004 the retail Operations Manager (Mr. D.McC) confirmed in writing to the Complainant that his service with the organisation ran from January 1985. I accept that the Respondent agreed to honour the Complainant’s service in full and that his employment ran from the 1^st January 1985 to the 7^th April 2016.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act and under Section 39 of the Redundancy Payments Act, 1967.

Based on the evidence presented by both parties at the hearing I find that the complaint is well founded in that there has been a breach of the Redundancy Payments Act, 1967 in relation to the Complainant. I order the Respondent to pay to the Complainant the balance of his Redundancy Entitlements in the sum of €18,701.89. This sum must be paid within 6 weeks of the date of this decision.

Dated:   15^th September 2016