Complainant

Respondent

Anonymised Parties

Receptionist

Medical Practitioner

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-00023371-001

19/11/2018

The complainant was employed by a Doctor as a part-time Receptionist / Secretary in a Health Centre having commenced employment in April 2001. In February 2018 the Doctor advised the complainant that he was retiring from practice in May 2018. The complainant did not receive any redundancy payment when the Doctor actually retired on 1 June 2018.

The Complainant worked in the Health Centre and was employed by the Doctor since April 2004.

The Doctor informed the complainant in February 2018 that he was retiring in May of that year and that her employment would terminate at that time.

The Doctor informed her that he had no money to pay the complainant her redundancy and refused to sign the redundancy forms.

The complainant’s employment terminated on 1 June 2018 and no payments were received by her in respect of her redundancy.

There was no appearance by the respondent.

This complaint was heard in conjunction with a similar complaint from a former colleague contained   in complaint form ADJ-00018183.

This complaint was originally listed for hearing on 26 February 2019 which was attended by the complainant. The respondent failed to appear at that hearing. The following day an email was received by the WRC secretariat from the respondent apologising for his non-attendance at the hearing. In that email the respondent stated that he had been suffering from ill-health for some time and would forward a medical cert in that regard. The respondent further stated that the correspondence from the WRC in relation to the hearing had gone to the address of the Health Centre and had only been forwarded to him 2 weeks previously. The respondent asked that any further correspondence be sent to his home address or to his email address as he was anxious to resolve the matter in the interest of both parties.

I noted that a further complaint from another former employee was listed for hearing on 12 March 2018 and therefore decided to re-list this complaint for hearing again on that date in conjunction with the other complaint. On 1 March 2019 the respondent was advised by email that both complaints would be heard on 12 March 2019 and that letters to that effect would be sent out. The letter confirming arrangements for the hearing was sent to the home address supplied by the respondent on the same date. Nothing further was heard from the respondent in this regard. The respondent failed to attend the hearing on 12 March 2019.

In relation to the complainant’s failure to attend either hearing I am aware that some correspondence addressed to the respondent at the Health Centre had eventually been returned unopened by An Post and marked “gone away”. By his own admission, however, the respondent had received the notice in regard to the original hearing two weeks before the due date but did not advise the WRC of his inability to attend until after the hearing had taken place. In addition and in order to facilitate the respondent, the complainant was asked to re-attend for a rehearing on the second date and the respondent was advised of this rehearing both by email and by letter to his home address on 1 March 2019. I am therefore satisfied that the respondent was aware of the arrangements for this hearing and has made no contact either before or since to advise as to his failure to attend.

Regarding the substantive issue before me the facts as given to the hearing by the complainant are that she was employed as a receptionist / secretary by the respondent who carried on a general medical practice based at the Health Centre.   Employment commenced on 3 April 2001.   In late February 2018 the respondent informed the complainant and a colleague that he intended to cease practice as and from 20 May 2018 and that their employment would consequently terminate on 18 May 2018. This was confirmed in writing to the complainant by letter dated 26 February 2018.   In May, however, the respondent agreed with the HSE to extend his contract until 4 June and it was agreed with the complainant to extend her employment until 1 June 2018. This was also confirmed in writing.

Section 7(2) of the Redundancy Payments Act, 1967, states:

For the purposes of subsection (1), 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 ….

According to the complainant, when made aware of her forthcoming redundancy she got the necessary redundancy forms but the respondent informed her that he had no money and could not pay her the redundancy payment and he refused to sign the forms. The complainant’s employment duly terminated on 1 June 2018. At the time of the termination the complainant worked 25 hours per week for a gross wage of €378.55 per week.

I find therefore that the dismissal of the complainant was by reason of redundancy and that she has not received the payment due to her as a consequence of the redundancy.

Complaint No. CA-00023371-001:

Based on the evidence before me I find this complaint under the Redundancy Payments Acts, 1967 – 2012, to be well founded. The complainant therefore is entitled to a redundancy payment based on the following criteria:

Date of Commencement:       3 April 2001

Date of Termination:             1 June 2018

Gross Weekly Pay:                 €378.55

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.