ADJ-00017436

Complainant

Respondent

Anonymised Parties

Employee

Hotel

Representatives

David O’Regan, B.L.

Shane Cummins

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-00022560-001

10/10/2018

The Complainant seeks payment of statutory redundancy payment.

The Complainant was employed by the Respondent from 4th January 1999 to 4th December 2016.   The business closed on 4th December 2016 and the Complainant was assured that the relevant redundancy forms had been lodged for his redundancy payment. However, there was some considerable delay in supplying and completing the paperwork on the hotel’s part and a letter was submitted in support of this. The Complainant’s representative sought an extension of time for the application for redundancy payment on the grounds of reasonable cause.

The Respondent agreed that the letters provided reflect the accurate representation of what occurred. The Respondent had no wish to have the Complainant’s statutory redundancy payment delayed or not paid.

It is common case that there was a considerable delay in submitting the correct paperwork in order for the Complainant to receive his redundancy payment. In normal circumstances and in accordance with section 24 (1) of the Redundancy Payments Act as amended the Complainant’s claim for redundancy would have to have been lodged within 52 weeks of the date of his redundancy i.e. by 4th December 2017. In this case, the complaint here was received on 10th October 2018.

Section 24 of the Redundancy Payments Act 1967, as amended provides at section 2(A) that an employee may be permitted to make a claim after the expiry of 52 weeks:

“(2A) Where an employee who fails to make a claim for a lump sum within the period of 52 weeks mentioned in subsection (1) (as amended) makes such a claim before the end of the period of 104 weeks beginning on the date of the dismissal or the date of termination of employment, the adjudication officer, if he or she is satisfied that the employee would have been entitled to the lump sum and that the failure was due to a reasonable cause, may declare the employee to be entitled to the lump sum and the employee shall thereupon become so entitled”.

Having considered the evidence in this case and having regard to the Respondent’s expression of regret for having unwittingly delayed the Complainant’s entitlement, in my view the Complainant has shown reasonable cause for his application for redundancy not being submitted within 52 weeks and the time is therefore extended to 104 weeks. I conclude that the Complainant is entitled to a redundancy lump sum payment of €16,989.51 based on insurable employment with the employer from 4th January 1999 to 4th December 2016.

Redundancy, extension of time.