Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00018190-001

27/03/2018

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00018190-002

27/03/2018

The Complainant alleged he was made redundant and did not receive his legal notice of termination.

The Complainant was employed as a Driver from June 26th 2008 to March 16th 2018.

The Complainant claims he was made redundant on March 16th 2018 as the runs he normally did in the Limerick/Tipperary area were going to another transport company.

The Complainant stated he was offered work from the Cork Depot but was not sure how permanent this would be and that it would involve extra unpaid hours.

The Complainant earned 640 Euros per week.

The Complainant did not receive any redundancy payment.

The Complainant is seeking a redundancy payment under the Redundancy Act and a notice payment.

The company lost a major contract where the Complainant was the Driver.

The Complainant was offered work starting in Limerick and going to Cork daily and returning to Limerick. The Respondent stated that this run would involve less time than the Complainants existing run and that it was long term.

The Respondent denies there was any redundancy and that the Complainant had already agreed in advance of his employment ceasing to move to the company that acquired the run he did daily and therefore terminated his own employment.

The Respondent submitted a document signed by the Complainant which stated “All drivers must be at their first delivery by 8am (unless otherwise specified) and will finish on completion of their assigned run for that day”.

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. This decision relates to Reference Number CA-00018190-001.

Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.”

Following the submissions of both parties and the Complainants terms and conditions of employment did not assign him to a specific location or run and that he seems to have been offered a reasonable alternative offer of work by the Complainant and commenced employment with a rival employer on the same run the day after he left the Respondent, I find that the Complainant terminated his own employment and no redundancy took place and his claim fails accordingly.

This second decision relates to Reference Number CA-00018190-002. Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act. As the Complainant terminated his own employment he has no entitlement under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 to notice and his claim fails accordingly.

Redundancy