ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00016578

Parties:

	Complainant	Respondent
Anonymised Parties	Driver	Transport Company

Representatives

Complaints:

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-00021541-001	03/09/2018
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00021541-004	03/09/2018

Date of Adjudication Hearing: 30/10/2018 and 11/12/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and 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 Driver in Ireland from 27th March 2003 until his employment ended by reason of redundancy on 31st August 2018, with notice of the redundancy given to the Complainant on 16th July 2018. The Complainant was paid on average of £498.00 gross per week. The Complainant was also paid expenses of £33.61 per day to cover subsistence expenses for a 10 hour day and he was paid £14.00 expenses a day when he worked between 5 and 10 hours a day. The Complainant submitted two complaints to the Workplace Relations Commission on 3rd September 2018 alleging the Respondent did not provide him with a written statement of his Terms and Conditions of Employment and a further complaint under the Redundancy Payments Act, 1967

Summary of Complainant’s Case:

Terms of Employment Information Act, 1994. The Complainant stated he had not been provided with a written statement of his Terms and Conditions of Employment.

Redundancy Payments Act, 1967. The Complainant stated that the calculation of his statutory redundancy payment proposed by the Respondent is incorrect. He is claiming he was paid net wages of £650.00 on average a week.

Summary of Respondent’s Case:

Terms of Employment (Information) Act, 1994. The Respondent verified that the Complainant had not been provided with a written statement of his Terms and Conditions of Employment. They also stated that the Complainant did not request a statement during the course of his employment.

Redundancy Payments Act, 1967. The Respondent stated that the Complainant was informed of the decision of the Company to make his position redundant. He was paid on average £498.00 a week plus subsistence payments of either £33.61 a day when he worked over 10 hours a day and £14.00 when he worked between 5 and 10 hours a day. The Respondent completed the RP50 Form and calculated his redundancy entitlements based on the legislation. This was based on gross wages of £498.00 - service from 27/3/2002 to 31/8/2018 with a statutory entitlement of £15, 876.24. However the Complainant refused to accept this and he refused to sign the RP50 Form.

Findings and Conclusions:

On the basis of the evidence from both Parties I find as follows –

Terms of Employment (Information) Act, 1994. Both Parties confirmed the Complainant had not been provided with a written statement of his Terms and Conditions of Employment. I find this is in breach of Section 3 of the Act.

Redundancy Payments Act, 1967. I have examined in detail the Complainant’s Bank Statements of wages paid into his account each week. I have also examined the Payslips provided to the Hearing by the Respondent although I note the Complainant states that he was never provided with payslips. I have also been provided with P60’s for the Complainant for the years 2017 (gross pay of £23219.51) and 2016 (gross pay of £20871.62). I find this complaint is not well founded as the Respondent has calculated the Complainant’s statutory redundancy in accordance with the Act.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00021541-004. In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant compensation of £500.00 within 42 days of the date of this decision.

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.

CA-00021541-001. In accordance with Section 39 of the Redundancy Payments Act, 1967, I declare this complaint is not well founded as the Respondent has calculated the Complainant’s Statutory Entitlements in accordance with the Act. I direct the Respondent to pay the Complainant his statutory redundancy entitlements as calculated within 42 days of the date of this Decision.

Dated: 09-01-2019

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Key Words:

Terms of Employment (Information) Act, 1994 – Both Parties confirmed the Complainant had not been provided with a written statement as required by Section 3 of the 1994 Act.

Redundancy Payments Act, 1967 – This complaint not well founded as the Respondent correctly calculated the Complainant’s entitlements in accordance with the Act.