Complainant

Respondent

Parties

A Truck Driver

 A Transport Company

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00010959-002

19/04/2017

This is a claim for a lump sum redundancy payment which was lodged with the WRC on 19 April, 2017. The Respondent did not respond to the claim or attend the hearing.

The Complainant commenced work as a Night Driver for the Respondent transport business in September 2013 .He earned a gross weekly wage of 550 euro for 50 hour week .He was one of 18 employees, 9-12 of whom were drivers .

The Complainant submitted that he had been made redundant on 28 October 2016. The Company told him that they were downsizing .He had been promised a Redundancy Payment several times by the company and had last spoken with Company representatives in April 2017.He understood that the company had been taken over by a Courier company in June 2017.

He had worked for the company previously in 2013 when he received a lump sum redundancy payment on termination.

The Complainant submitted that there had not been any formal discussions prior to the termination of his employment and he had just received a couple of days notice.

The Complainant submitted details of a P60 from 2013.He stated that he had not received pay slips in his current tenure of employment. He had been in receipt of Job Seekers Benefit since late November 2016.

There was no appearance by or on behalf of the Respondent.

I have considered the complainants submission on his complaint form and at hearing. I find that the Respondent was properly notified of the hearing in the case .

The Complainant left employment prior to the reported take over in June 2017.He commenced a five week period of work in November 2016 as evidenced on a P45 submitted from a separate employer .

I find that based on his uncontested evidence, that the complainant was dismissed by means of Redundancy in accordance with Section 7 of the Act.

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 order the Respondent to pay the complainant his lump sum redundancy payment based on the following details :

Date Of Commencement :   September 1, 2013

Date Of Termination :           October 28, 2016

Gross Pay ( weekly )               €550.00

This award is made subject to the Complainant having been in insurable employment under Department of Protection rules during the relevant period.

Redundancy