ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00008201

Parties:

Complaint:

Date of Adjudication Hearing: 12/10/2017

Workplace Relations Commission Adjudication Officer: Gerry Rooney

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 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.

It is understood that the Respondent has liquidated the business and did not attend the hearing.

Background:

The Complainant was employed as a chef by the Respondent from 21 March 2003 until 22 June 2015 when he was made redundant. His rate of pay was €480 per week. The claimant refers to the non-payment of a redundancy lump sum.

Summary of Complainant’s Case:

The Complainant maintained that he was notified of his redundancy on 24 May 2015 but subsequently had a disagreement with the liquidator in relation to the calculations for his redundancy payments on the RP 50 form issued to him. Following a series of correspondence with the liquidator, the Complainant acknowledged the RP 50 form provided to him by the liquidator on 18 October 2016 was correct and he sought his redundancy payment. However, he was then advised at that time by the liquidator that his claim was out of time.

The Complainant maintained that the calculation on the RP 50 form dated 18 October 2016, confirming he had 12.18 years continuous service was correct and therefore he is entitled to 25.36 weeks redundancy pay at a rate of €480 per week. The Complainant maintained it was delays by the liquidator that led to his claim for his redundancy payment to take so long to process. He argued it was originally made within time and any delays were due to the Respondent’s liquidator.

Summary of Respondent’s Case:

The Respondent did not attend the hearing nor did the Respondent make any written submission.

Findings and Conclusions:

In accordance with S7(1) if the Redundancy Payments Act,1967 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.

S7(2)(a) of the Act states an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concernedthe dismissal is attributable wholly or mainly to— the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed.

I am satisfied that the Complainant had, in accordance with S24 of the Act, made a claim for his redundancy entitlements to the Liquidator within 52 weeks of being made redundant, but delays occurred with the liquidator progressing this claim on the basis there was a disagreement on the correct calculations. The Complainant therefore assumed in good faith he would receive his entitlements and was surprised to be informed his claim was out of date by the liquidator. I am therefore satisfied there is reasonable cause to entitle the Complainant have his complaint adjudicated upon as it falls within 104 weeks of his dismissal date.

I therefore find that the Complainant was made redundant and in accordance with the Act is entitled to a redundancy payment.

Decision:

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 that Act.

I have found the Complainant was made redundant.

The Complainant’s start date was 21^st of April 2003 and he was made redundant on 22^nd of June 2015, this being the date of the termination of his employment. The Complainant has 12.18 years’ service with the Respondent.

The Complainant rate of pay was €480 gross per week.

I hereby decide the Respondent is obliged to pay the Complainant’s entitlement of 25.36 weeks’ pay.

Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts.

This decision is based on uncontested evidence as the Respondent did not attend the hearing or make a submission to the Adjudication.

Dated:   20/11/2017

Workplace Relations Commission Adjudication Officer: Gerry Rooney

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