ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019278
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00025152-001 | 21/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00025152-002 | 21/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00025152-003 | 21/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00025152-004 | 21/01/2019 |
Date of Adjudication Hearing: 08/04/2019
Workplace Relations Commission Adjudication Officer: Marie Flynn
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 was employed as a Truck Driver with the Respondent from 14th February 2016 to 18th March 2018 on a fulltime basis. |
Summary of Complainant’s Case:
The Complainant submits that he was made redundant by the Respondent with effect from 18th March 2018 when the Respondent ceased trading. The Complainant submits that he was not paid minimum notice on the termination of his employment. |
Summary of Respondent’s Case:
The Respondent submits that he was not able to provide full-time work for the Complainant from 18th March 2018. The Respondent maintains that he offered the Complainant 2 to 3 weeks of part-time work from 1st April 2018 with no guarantee of further work. The Respondent submits that the Complainant did not accept his offer as he had started a fulltime job. |
Findings and Conclusions:
I find that the Complainant was employed on a continuous basis by the Respondent from 14th February 2016 until 18th March 2018 when his employment was terminated by reason of redundancy following the closure of the Respondent’s transport business. I find that the Complainant was not paid notice by the Respondent on the termination of his employment. |
Decision:
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.
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 his continuous and reckonable service in accordance with the following criteria: - Date of commencement: 14th February 2016 - Date of termination: 18th March 2018 - Gross weekly wage: €600 This award is made subject to the complainant fulfilling current social welfare requirements in relation to PRSI contributions. I find that the Complainant has between two and five years of service with the Respondent and is, therefore, entitled to be paid minimum notice of €1,200 which is equivalent to two weeks’ wages. |
Dated: 30/04/2019
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
Redundancy payment, minimum notice |