Complainant

Respondent

Anonymised Parties

An Electrician

A Liquidated Electrical Company

Representatives

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-00026927-001

11/03/2019

The complainant details he did not receive redundancy payment owed.

The complainant worked as an electrician for the respondent and his employment was terminated on 19 May 2017 owing to redundancy.   The respondent was wound up on 27 November 2017 by the High Court on foot of a petition presented by the Revenue.

A liquidator was appointed and as the liquidator had been unaware of the employment status of the complainant, delays arose that were not of the complainant’s making and the department of social protection did not receive the RP50 until after the 52 week deadline and the complainant’s claim was not allowed.

The complainant requested that the 52 week period be extended to 104 weeks to allow his redundancy claim to proceed on the basis of reasonable circumstances, namely the delay in the information being processed between the liquidator and the relevant department.

It was detailed that the complainant’s RP50 form was signed by the complainant on 14 May 2018 within the 52 weeks deadline.

The respondent did not attend. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing.

The respondent did not attend.

Section 7(1) provides that:

An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided—

(a) he has been employed for the requisite period, and

(b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment or had ceased to be ordinarily employed in employment which was so insurable in the period of two years ending on that date. 

Section 12 of the Redundancy Payments Act 1971 states the following;

“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 dismissal or the date of termination of employment, the Tribunal, if it 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.”

The complainant details that his failure to submit his claim within the period of 52 weeks was owing to reasonable cause, namely delays with the liquidator becoming aware of the complainant’s employment and interaction with the relevant department thereafter. Based on the undisputed evidence, I am satisfied that the failure of the complainant to submit his claim within the period of 52 weeks was due to reasonable cause and having heard the evidence I find that the appeal under the Redundancy Payments Acts 1967 to 2007 succeeds and award the complainant a redundancy lump sum based on the following:

Date of Commencement:            2 December 2010

Date of Termination:                     19 May 2017

Gross Weekly Pay:                         €838.50

This award is subject to the complainant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Acts.

I find that the appeal under the Redundancy Payments Acts 1967 to 2007 succeeds and award the complainant a redundancy lump sum based on the following:

Date of Commencement:            2 December 2010

Date of Termination:                     19 May 2017

Gross Weekly Pay:                         €838.50

This award is subject to the complainant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Acts.

Redundancy, reasonable cause