ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00012222

Complaint(s):

Date of Adjudication Hearing: 09/03/2018

Workplace Relations Commission Adjudication Officer: Caroline McEnery

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 – 2014, following the referral of the complaints 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 complaints.

Background:

The Complainant states that under the Redundancy Payments Act 1967 -2014 he is entitled to a redundancy payment as he has the requisite service.  The Complainant states that he worked for the Respondent from in excess of 15 years and therefore is entitled to minimum notice under the Minimum Notice and Terms of Employment Acts 1973-2005.  

Summary of Complainant’s Case:

The Complainant attended the hearing and presented a letter that the Respondent submitted to the Workplace Relations Commission confirming the redundancy and notice payments were accepted and not contested.

The Complainant via his representative requested a decision in respect the claim under Section 11 of the Minimum Notice and Terms of Employment Act, 1973 and the claim under Section 39 of the Redundancy Payments Act, 1967 in order to facilitate the payment of the redundancy balance via the Social Insurance Fund is the claim is not paid by the Respondent.

1. The Complainant noted that the Respondent paid him a lump sum of €3,584.00 based on 4.62 years of service. The Complainant alleges the Respondent claimed he was entitled to 10.24 weeks at €350 per week. The Complainant stated he was employed since 1985 by the Respondents predecessor until 18 February 2013 when the premises was leased to the Respondent. The Complainant notes he is entitled to a redundancy payment since 1985 to 29 September 2017.

1. The Complainant received no written notice of the proposed termination of his employment. He received 1.5 weeks of verbal notice. The Complainant was employed since 1985 and had in excess of 15 years employment. The Complainant claims he was entitled to 8 weeks’ notice or payment in lieu of the same. The Complainant claims he is entitled to a further 6.5 weeks of notice via payment in lieu.
2.  
3. The Complainant via his representative confirmed he was withdrawing the claim in relation to Section 7 of the Terms of Employment [Information) Act, 1994.

1. The Complainant via his representative confirmed he was withdrawing the claim in relation to Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003).

Summary of Respondent’s Case:

The Respondent was not in attendance at the Hearing. The Complainant attended the hearing and presented a letter that the Respondent submitted to the Workplace Relations Commission. This letter accepts that the Complainant was due a payment in respect to his redundancy of €23,184.00 and a payment in respect to his minimum notice required of €2,275.00.

Findings and Conclusions:

Redundancy Payments Act 1967 – 2014: 

Section 7(1)  

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 provided— 

(a) he has been employed for the requisite period, and 

(b) he was 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, or had ceased to be ordinarily employed in employment which was so insurable in the period of two years ending on that date. 

Minimum Notice and Terms of Employment Acts 1973-2005: 

Section 4(2)  

The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be— 

(a) if the employee has been in the continuous service of his employer for less than two years, one week, 

(b) if the employee has been in the continuous service of his employer for two years or more, but less than five years, two weeks, 

(c) if the employee has been in the continuous service of his employer for five years or more, but less than ten years, four weeks, 

(d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks, 

(e) if the employee has been in the continuous service of his employer for fifteen years or more, eight weeks. 

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.

1. The Complainant states that he worked for the Respondent from 1985 to 2017 and therefore is entitled to minimum notice under the Minimum Notice and Terms of Employment Acts 1973-2005.  Therefore, the Complainant was entitled to 6.5 weeks of notice regarding his redundancy. I award the Complainant 6.5 weeks of payment which totals €2,275.00 under the relevant act.
2.  
3. Pursuant to the Redundancy Payment Acts 1967 - 2014, the complainant is entitled to a redundancy lump sum calculated according to the following criteria:

• Date of start of employment: 1985
• Date of end of employment: 29 September 2017
• Average weekly gross pay: €350.I declare the complaint is well founded. This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the respective period of employment.  I can confirm that the Complainant has the requisite period and is entitled to the redundancy payment which is €23,184.00. 
• In total, I find on behalf of the Complainant to the total sum of €25,459.00.
•  
•  

Dated:   28th June 2018

Workplace Relations Commission Adjudication Officer: Caroline McEnery

Key Words: