ADJ-00007459

Complainant

Respondent

Anonymised Parties

A Chef

A Food Deli Store

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-00010004-001

02/03/2017

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00010004-003

02/03/2017

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00010004-004

02/03/2017

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00010004-005

02/03/2017

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00010004-006

02/03/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00010004-007

02/03/2017

The complainant commenced employment on 16 February 2015 and his employment ceased on 16/2/2017 owing to the closure of the business.

The complainant withdrew the following claims:

CA-10004-003 (Organisation of Working Time Act, 1997)

CA-10004-004 (Organisation of Working Time Act, 1997)

CA-10004-005, (the Terms of Employment (Information) Act, 1994)

CA-10004-006 (Payment of Wages Act, 1991)

CA-10004-007, (Minimum Notice & Terms of Employment Act, 1973).

Only one claim, CA-10004-001 (Redundancy Payments Act, 1967), therefore, remained.

The complainant was advised around 6^th February 2017 that he was to be made redundant owing to the financial difficulties of the respondent. His termination date is detailed as 16^th February 2017 on his P45.

The respondent conceeded that the complainant was eligible for redundancy but cited inability to pay. Documentation was provided from the respondent’s accountant advising that they “do not have the financial ability to pay the redundancy due to their staff”.

Having listened to the evidence, it would appear that the respondent had to close the business owing to financial difficulties.

Section 7(1) provides that:

An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided—

(a) he has been employed for the requisite period, and

(b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of two years ending on that date. 

The respondent accepted that the complainant was entitled to redundancy but cited their inability to pay. They had however, completed the RP50 which they claimed was currently being processed through the social insurance fund since approximately 24^th April 2017.

Based on all the evidence including the respondent conceding that the complainant has the requisite service, the claim succeeds.

In respect of the redundancy payment claim, based on the evidence, I find that the appeal under the Redundancy Payments Acts 1967 to 2007 succeeds and award the appellant a redundancy lump sum based on the following:

Date of Commencement:           16 February 2015

Date of Termination       :           16 February 2017

Gross Weekly Pay:                                €560.00

Date of Birth:                            18/5/1979

This award is subject to the appellant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Acts.

Redundancy, inability to pay