Complainant

Respondent

Anonymised Parties

Metal Fabricator

Construction company

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-00018764-001

27/04/2018

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

CA-00018764-002

27/04/2018

The complainant commenced employment with the respondent on 22/4/2015 as a welder.

He worked 40 hours a week. His gross pay was €750 per week.

The respondent wrote to him on the 24 December 2017 stating that the company would cease to trade and that redundancy would be paid to him after the 12 January 2018. The complainant made many efforts to contact the respondent without any success to secure the promised redundancy payments.

He did not receive his statutory notice.

He submitted his complaints to the WRC on 27/4/2018.

CA-00018764-001.Complaint under Section 39 of the Redundancy Payments Act,1967.

The respondent wrote to the complainant on the 24 December 2017 telling him that the company was closing down. He further advised the complainant that he would meet him on the 12 January 2018 after which he would receive his statutory redundancy and any holiday pay owing. The meeting scheduled for 12 January did not materialise. He made many efforts to contact the respondent to no avail.

He wrote to the Liquidator for the company in the UK in March 2018.They advised that they did not know who- if anyone - was dealing with the liquidation of the Irish company.

CA-00018764-001 Complaint under section 11 the Minimum Notice & Terms of Employment Act, 1973.

The complainant only received one week’s notice. He is entitled to two weeks’ paid notice based on his service.

CA-00018764-001. Complaint under Section 39 of the Redundancy Payments Act, 1967.

The respondent was duly notified of the details of the hearing. He did not attend nor make any submission.

CA-00018764-002.Complaint under Section 11 of the Minimum Notice & Terms of Employment Act, 1973.

The respondent was duly notified of the details of the hearing. He neither attended nor made any submission.

CA-00018764-001. Complaint under Section 39 of the Redundancy Payments Act, 1967.

The grounds which must exist to satisfy the definition of genuine redundancy are set out in section 7(2) of the Redundancy Payments Act 1967 and amended by the Redundancy Payments Act 1971 and 2003 and are

”an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to— (a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed,’    

Based on the uncontested evidence of the complainant and the written evidence, I find that a genuine redundancy situation has arisen.

I find that the Complainant is entitled to statutory redundancy as per the terms of the Redundancy Payments Act, 1967.

I find that his start date is 24 April 2015, his termination date was 24 December 2017 and his gross weekly rate of pay was €750.

Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under Social Welfare Acts.

I find that he is entitled to a payment of €600 per week x 6.38 (which includes the bonus week).

The respondent is therefore obliged to pay him a redundancy payment of €3828.

CA-00018764-002.Complaint under Section 11 of the Minimum Notice & Terms of Employment Act, 1973.

Based on the uncontested evidence of the complainant, I find that his 2 years and 8 months service with the respondent entitles him to two weeks paid notice. His evidence is that he received one weeks’ notice.

I find that he is entitled to payment of €750 in respect of the one weeks outstanding notice.

CA-00018764-001. Complaint under Section 39 of the Redundancy Payments Act, 1967.

I find this complaint to be well founded. I require the respondent to pay the complainant the sum of €3828.

CA-00018764-002.Complaint under Section 11 of the Minimum Notice & Terms of Employment Act, 1973.

I find this complaint to be well founded. I require the respondent to pay the complainant the sum of €750 subject to all lawful deductions.

Redundancy; minimum notice.