ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00009685

Parties:

	Complainant	Respondent
Anonymised Parties	An Operations Manager	A Security Company

Representatives

Lauren Tennyson BL instructed by Barry Healy & Company

Complaints:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00012710-001	21/07/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00012710-002	21/07/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00012710-003	21/07/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00012710-004	21/07/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00012710-005	21/07/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00012710-006	21/07/2017

Date of Adjudication Hearing: 24/10/2017

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The complainant’s employment terminated on July 5^th 2017 having been employed by the respondent since May 2010. He did not receive any redundancy payment and makes other complaints.

The complainant withdrew the following complaints at the hearing;

CA-00012710-002 (Unfair Dismissals Act 1977)

CA-00012710-005 (Minimum Notice and Terms of Employment Act 1994

CA-00012710-006 (Organisation of Working Time Act 1997.)

Summary of Complainant’s Case:

The complainant was employed from May 10^th 2010 until and his dismissal took effect on July 5^th 2017.

He did not receive a notice of redundancy and estimates his redundancy entitlement based on his service at €7859.16.

He did not receive a notice payment either and based on his wage of €513 and his service is entitled to a payment of €2052.

He also claims that significant changes were made in his terms of employment which were not notified to his as required by the Terms of Employment (Information)Act. He seeks the maximum permissible under the Act which is four weeks’ pay.

Summary of Respondent’s Case:

The respondent did not attend the hearing and no explanation was offered for the failure to do so.

Findings and Conclusions:

Direct evidence was heard from the complainant confirming the submissions above.

I find that the complainant was made redundant and that he did not receive notice of his redundancy and neither was he paid his minimum statutory notice entitlement.

The change in the terms of employment included a requirement that he use a company vehicle instead of his own vehicle. This was a significant change in his terms of employment and should have been the subject of a notification under the Terms of Employment Information) Act 1973

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

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 uphold complaint CA-00012701-001 under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 and award the complainant four weeks’ pay in the amount of €2052.00.

I uphold complaint CA-00012701-003 under Section 39 of the Redundancy Payments Act, 1967 and award the complainant statutory redundancy based on his service from May 10th 2010 until July 5^th 2017 subject to his having been in insurable employment for that duration.

I uphold complaint CA-00012701-004 under section 7 of the Terms of Employment (Information) Act, 1994 and award the complainant €2052.00 being four weeks’ pay.

All other complaints were withdrawn.

Dated: 20 November 2017

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

Redundancy