ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007291

Parties:

	Complainant	Respondent
Anonymised Parties	A Panel Beater	A Garage

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00009877-002	20/02/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00009877-004	20/02/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00009877-005	20/02/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00009877-006	20/02/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00009877-007	20/02/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00009877-008	20/02/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00009877-009	20/02/2017

Date of Adjudication Hearing: 13/09/2017

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with of the Redundancy Payments Acts 1967 - 2014 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:

The Complainant was made redundant due to the Respondent having no work for him and he was not paid his redundancy.

Summary of Complainant’s Case:

The Complainant was employed as a Panel Beater from September 13^th 2008 to February 16^th 2017 when his employment was terminated due to redundancy but he was not paid any redundancy as required under the Act.

Summary of Respondent’s Case:

The Respondent accepted that the Complainant was made redundant but said he had no funds to pay the redundancy payment due to the Complainant.

Decision:

The Complainant submitted seven claims to the WRC which were listed for Hearing on September 13^th 2017. Following initial discussions between the parties Representatives, the parties advised that a solution to the following claim reference numbers were either verbally agreed or withdrawn:

CA00009877-002

CA00009877-004

CA00009877-005

CA00009877-006

CA00009877-007

CA00009877-009

Therefore the only remaining claim to be decided upon was reference number CA00009877-008 in relation to the Complainants redundancy claim. 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. It was accepted by the Respondent that he had made the Complainant redundant but that he could not pay the redundancy payment. The Responsibility for the redundancy payment rests with the Respondent in normal circumstances. The Respondent stated he had no money to pay the redundancy due and was unlikely to have it in the near future. No financial accounts were provided to the Hearing. The Complainant asked could he get the redundancy from the Social Welfare Fund. The Complainant did not clarify the type of insurance contributions made during his employment but both parties said they were paid. Therefore subject to the Complainant meeting the requirements of being 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” he is entitled to the statutory redundancy payment of two years per year of service plus a year up to a maximum of 600 Euros per week. Therefore, subject to the Complainant having been in employment that was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment I award the Complainant a redundancy lump sum based on the following;

Start Date: September 13^th 2008

Termination Date: February 2^nd 2017

Gross Weekly Pay; 366 Euros

Dated: 21.11.17

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Key Words:

Redundancy claim