ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00006204

Complaint(s):

Date of Adjudication Hearing: 29/05/2017

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Location of Hearing: The Radisson Blu Hotel, Limerick

Procedure:

In accordance with Section 41 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).

Background:

Summary of Complainant’s Case:

The complainant stated that he started work with the Respondent as a Service Engineer on April 14^th 1989. He went off sick in July 2014 and tried to return to work on August 4^th 2014 after a brain bleed which required surgery. He stated that his employer advised him that he had no work and he should stay on benefits. On a number of occasions since that time the Complainant stated he has tried to return to work but the Respondent has said he has no work for him. The Complainant is now on invalidity benefit. The complainant now considers himself dismissed with effect from the date of his lodging the claim with the WRC due to there being no work for him and he is redundant.

Summary of Respondent’s Case:

Decision:

Section 41 of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under those Acts.

Section 7(1) of the Redundancy Payments Acts 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 four years ending on that date.

The complainant stated that he went off sick in July 2014 and tried to return to work on August 4^th 2014 after a brain bleed which required surgery. His employer advised him that he had no work and he should stay on benefits. On a number of occasions since that time the Complainant has tried to return to work by the Respondent has said he has no work for him. The Complainant is now on invalidity benefit. The complainant now considers himself dismissed due to there being no work for him and he is effectively redundant. The Complainants opportunity to work and employment are now over with the Respondent and have been for nearly three years. Therefore, subject to the Complainant having been in employment which is insurable for redundancy purposes under the Social Welfare Acts, I find that the claim under the Redundancy Payments Acts 1967 to 2007 succeeds and award the Complainant a statutory redundancy lump sum based on the following calculations:

Date of Commencement:            14/4/1989

Date of Termination:               30/11/2016 (The date the claim form was submitted to the WRC)   

Gross Weekly Pay:                          €300

PPS No;                                                                3393992T

Date Of Birth;                                    16/12/1954.

Employer Regd No;                         4876790H

Dated:   16/06/2017

Workplace Relations Commission Adjudication Officer: Peter O'Brien

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