ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014612
Parties:
| Complainant | Respondent |
Anonymised Parties | A Lorry Driver | A Logistics Company |
Representatives | Cavan Citizens Information Service |
|
Complaints:
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-00019061-001 | 10/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00019061-002 | 10/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00019061-003 | 10/05/2018 |
Date of Adjudication Hearing: 09/08/2018
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 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 worked for the respondent from 20th June 2014 until 4th March 2018 as a Lorry Driver and was paid €544.80 gross per week. |
CA- 00019061-001- Redundancy Payments Act, 1967
Summary of Complainant’s Case:
The complainant stated that he was on annual leave from 23rd February 2018 for one week. The complainant stated that having returned from holidays on 3rd March 2018, he sought his roster for the following week but was told by the respondent that he had been let go and would be starting with another employer and to contact them directly. The complainant stated that he received no notification of any changes to his employment prior to being informed of his dismissal. The complainant stated that he wrote to the respondent by registered post on 20th March 2018 enclosing an RP77 and RP50 seeking his redundancy entitlements. The complainant stated he did not receive any response. The complainant stated that he received a text message from the Managing Director of the respondent on 3rd August 2018 asking for his bank details so that his redundancy entitlements could be paid to him. The complainant is seeking payment of his statutory redundancy entitlements. |
Summary of Respondent’s Case:
The respondent did not attend the Adjudication hearing and was not represented. |
Findings and Conclusions:
I note that a letter was issued to the respondent from the Workplace Relations Commission (WRC) on 16th July 2018 confirming the Date, Time and Location for the adjudication hearing. The notification letter was returned to the WRC by An Post marked “refused.” I note that on the day of the Adjudication hearing (9th August 2018) the complainant had been told by the respondent that his redundancy entitlements would be paid to him by Electronic Fund Transfer into his bank account. The complainant confirmed at the Adjudication hearing that no payment had been received by him. On the uncontested evidence of the complainant, I find that the complainant’s position with the respondent ended by reason of redundancy on 4th March 2018. |
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.
The complaint is well founded. The complainant is entitled to be paid a statutory redundancy lump sum payment as follows: Date of Commencement: 20th June 2014 Date of Cessation of Employment: 4th March 2018 Gross Weekly rate of pay: €544.80 Payment should be discharged to the complainant within 42 days of the date of this decision. The entitlement to a redundancy payment is based on the complainant having been in insurable employment under the Social Welfare Acts for the relevant period. |
CA- 00019061-002 – Minimum Notice and Terms of Employment Act, 1973
Summary of Complainant’s Case:
The complainant stated that his employment ended by reason of redundancy on 4th March 2018. The complainant stated that based on his service with the respondent he was entitled to receive two weeks’ notice of his redundancy. |
Summary of Respondent’s Case:
The respondent did not attend the Adjudication hearing and was not represented. |
Findings and Conclusions:
I note that a letter was issued to the respondent from the Workplace Relations Commission (WRC) on 16th July 2018 confirming the Date, Time and Location for the Adjudication hearing. The notification letter was returned to the WRC by An Post marked “refused.” On the uncontested evidence of the complainant, I find that the complainant is entitled to two weeks’ notice in line with the provisions of Section 4(2)(b) of the Minimum Notes and Terms of Employment Act, 1973. |
Decision:
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.
The complaint is well founded. The respondent is directed to pay the complainant a notice payment of €1,089.60 (2 weeks gross pay) within 42 days of the date of this decision. |
CA- 00019061-003 Terms of Employment (Information) Act, 1994
Summary of Complainant’s Case:
The complainant stated that he did not receive a written statement of his terms and conditions of employment for the duration of his employment with the respondent |
Summary of Respondent’s Case:
The respondent did not attend the Adjudication hearing and was not represented. |
Findings and Conclusions:
I note that a letter was issued to the respondent from the Workplace Relations Commission (WRC) on 16th July 2018 confirming the Date, Time and Location for the Adjudication hearing. The notification letter was returned to the WRC by An Post marked “refused.” On the uncontested evidence of the complainant, I accept that the complainant did not receive a written statement of his terms and conditions of employment in compliance with Section 3 of the Terms of Employment (Information) Act, 1994. |
Decision:
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.
The complaint is well founded. The respondent is directed to pay the complainant €1,089.60 (2 weeks gross pay) for its failure to issue the complainant with a written statement of his terms and conditions of employment in compliance with the legislation. Payment should be discharged to the complainant within 42 days of the date of this decision. |
Dated: 4th October 2018
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Redundancy, Minimum Notice, Written statement of terms and conditions of employment. |