Complainant

Respondent

Anonymised Parties

A Delivery Driver

A Restaurant

Representatives

The Complainant attended the Hearing in Person  

The Respondent did not attend or was not represented at the Hearing

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-00021008-001

04/08/2018

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

CA-00021008-002

04/08/2018

The complainant was employed at the respondent’s restaurant as a Delivery Driver from 1 December, 2011 until 8 June, 2018 when his employment was terminated. The complainant worked an average of 16 hours per week and was paid an hourly rate of pay of €9.55. The complainant claims that he did not receive his statutory redundancy payment or minimum notice entitlements when his employment was terminated by the respondent by reason of redundancy.

CA-00021008-001 - Complaint under the Redundancy Payments Acts 1967 – 2014

The Complainant submitted that he attended for work on 8 June, 2018 and the restaurant was closed and did not subsequently re-open. The Complainant claims that he did not get any prior warning from the respondent that the business was about to close or that his employment was being terminated. The complainant submitted that his employment was terminated by reason of redundancy and that he did not receive his statutory redundancy lump sum payment from the respondent.

CA-00021008-002 - Complaint under the Minimum Notice and Terms of Employment Act 1973

The complainant claims that he did not receive his statutory notice entitlements contrary to Section 4(2) of the Minimum Notice and Terms of Employment Act 1973 when his employment was terminated by the respondent by reason of redundancy.

The respondent did not engage with the Workplace Relations Commission in relation to this complaint.

CA-00021008-001 - Complaint under the Redundancy Payments Acts 1967 – 2014

The complainant gave evidence that his employment was terminated on 8 June, 2018 when the respondent’s business closed without any prior notification or warning.

Based on the uncontested evidence of the complainant, I find that the Complainant was employed on a continuous basis with the respondent from 1 December, 2011 until 8 June, 2018 when his employment was terminated by reason of redundancy following the closure of the respondent’s business.

CA-00021008-002 - Complaint under the Minimum Notice and Terms of Employment Act 1973

Based on the uncontested evidence of the complainant, I find that the complainant had in excess of 6 years’ service with the respondent at the material time his employment was terminated on 8 June, 2018. Therefore, the Complainant had accrued a statutory entitlement to six weeks’ notice in accordance of the provisions of Section 4(2)(d) of the Act on the termination of his employment. I find that the complainant was not afforded his statutory notice entitlement or payment in lieu thereof prior to the termination of his employment with the respondent.

Accordingly, I find that the complainant is entitled to compensation in respect of a four weeks’ notice in accordance with the aforementioned provisions of the Act.

CA-00021008-001 - Complaint under the Redundancy Payments Acts 1967 – 2014

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 find that the complainant is entitled to a statutory redundancy lump sum under the Redundancy Payment Acts based on the following criteria: 

-          Date of commencement: 1 December, 2011

-          Date of termination: 8 June, 2018

-          Gross weekly wage: €152.80

This award is made subject to the complainant fulfilling current social welfare requirements in relation to PRSI contributions.

CA-00021008-002 - Complaint under the Minimum Notice and Terms of Employment Act 1973

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.

I find that the complaint is well founded and in accordance with the provisions of Section 12(1) of the Minimum Notice and Terms of Employment Act, 1973, I order the respondent to pay to the complainant the sum of €611.20 being the equivalent of 4 week’s pay as compensation for the breach of Section 4(2) of the Act.

Redundancy Payments Acts 1967 – 2014 – Statutory Redundancy Lump Sum – Closure of Employer’s business – Minimum Notice and Terms of Employment Act 1973 – Statutory Notice Entitlement