FULL RECOMMENDATION
REDUNDANCY PAYMENTS ACTS, 1967 TO 2014 PARTIES : STOCHASTIC FINANCIAL SOFTWARE SA - AND - ADRIAN CREEGAN DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Hall |
1. Appeal of Adjudication Officer's Decision ADJ-0009876
BACKGROUND:
2. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with the Redundancy Payments Acts 1967-2014. A Labour Court hearing took place on 24th January, 2019. The Employer was not present and was not represented at the hearing.
The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Mr Adrian Creegan (“the Complainant”) against a decision of an Adjudication Officer (ADJ-00008976, dated 7thAugust 2018) under the Redundancy Payments Acts 1967 - 2014 (‘the Acts’). The Adjudication Officer held that the Complainant claim for statutory redundancy against his former employer, Stochastic Financial Software SA (“the Respondent”) was not well-founded.
The Notice of Appeal was received by the Court on 6thSeptember 2018. The Court heard the appeal in Limerick on 24thJanuary 2019. The Complainant informed the Court that as of 16thJanuary 2018 the Registre du Commerce et Des Societies (French equivalent of the CRO) indicated that the Respondent company had opened liquidation proceedings under reference number P201800102.
The Respondent did not appear before Adjudication Officer at the hearing which was held on 11thMay 2018 nor did it appear before the Court at the hearing of the appeal on 24thJanuary 2019.
The Complainant was employed by the Respondent as an Architect from 1stJune 2014 until his employment was terminated on 9thDecember 2016. At all material times the Respondent had its registered address at – 24 rue de Richeliu, F-75001, Paris, France registered in Paris SIRET 42132660400012.
The Complainant informed the Court that he was employed by a French company under a contract of employment which selected UK law. However, he said that he was domicile, resident and habitually worked in Ireland for the duration of his employment with the Respondent. He said that PAYE and PRSI deductions were made on all his pay to the Irish tax system. He said that he was advised by letter dated 9thSeptember 2016 that the company was closing and his position as Architect was no longer needed. Therefore, the Respondent was terminating his employment with effect from 9thDecember 2016.
Conclusions of the Court
In the absence of the Respondent or any representative on its behalf the Court must accept that the Respondent ceased trading and the Complainant’s position was made redundant on 9thDecember 2016. The Complainant confirmed for the Court that he was inemployment that was insurable under the Social Welfare Actsand had worked continuously for the Respondent for more than 104 weeks. On that basis the Court is satisfied thatthe Complainant is eligible for a statutory redundancy payment under the Acts in respect of the period of employment between 1stJune 2014 and 9thDecember 2016. As the Complainant was paid more than €600.00 per week, the“ceiling” of €600.00 per week will apply to the calculation of his statutory redundancy payment.
Determination
The Court upholds the Complainant’s claim for the payment of a statutory redundancy payment under the Acts. The appeal succeeds. Therefore, the Respondent should pay the Complainant the sum of €3,000 in respect of his entitlements under the Acts, within six weeks of the date of this Determination.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
February 2019______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.