Complainant

Respondent

Anonymised Parties

Security Officer

Security Company

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-00021192-001

16/08/2018

The complainant was employed as a security officer in a retail premises commencing employment in March 2011. The complainant worked on a part-time basis with a gross wage of €340.00 per week.   Employment terminated on 4 June 2018.

The complainant commenced employment with a named company on 28 March 2011.

The complainant was informed in January 2018 by the company owner that it was intended to cease trading in a number of months.

The complainant was advised that his redundancy payment would be sorted out by the company accountant.

In May 2018 his employment transferred to a second named company.

His employment terminated on 4 June 2018 but he did not receive any redundancy payment.

There was no appearance by anyone representing either company.

The complainant in evidence stated that he commenced employment as a security officer with the first company (Company A) on 28 March 2011. The complainant worked with a number of colleagues in a supermarket where the respondent was contracted to supply a security service.   Sometime in January 2018 there was a meeting with the owner of the business who informed the employees that it was the intention to cease trading some months in the future. The employees were assured that their redundancy payments would be calculated by the accountant and paid to them. In May 2018 the complainant became aware that their employment had been transferred to what was believed to be an associated company, the named respondent (Company B). After four weeks the supermarket terminated the contract and the complainant was made redundant. No redundancy payment was received. The complainant sent registered mail addressed to the owner but this was returned to him unanswered.

There was no person present at the hearing representing either named company. On his complaint form the complainant, in naming the respondent, listed both companies as Company A, trading as Company B and giving an address which was actually the registered address of Company B. The complainant also listed another address, which was the registered address of Company A, as a former address. The secretariat sent all correspondence to the registered address of Company B. Enquiries show that these letters were returned by An Post. I am satisfied that the notices were sent to the registered office of the respondent.

From the evidence before me I find that the complainant’s employment transferred to the respondent in May 2018 as per the Transfer of Undertakings regulations. I note that the employment of all of his colleagues was also transferred at the same time.

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 have been 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 in the place where the employee was so employed, or

(b)    The fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish…

I find that the contract to provide a security service in the supermarket was terminated and that that, as a result, the complainant’s employment ceased. The complainant was accordingly dismissed by reason of redundancy.

Complaint No. CA-00021192-001:

Based on the evidence before me I am satisfied that the complainant was in employment with Company A from 28 March 2011 and that at a date in early May 2018 his employment transferred under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations, 2003, to Company B, the respondent company. I find that his employment terminated on 4 June 2018 by reason of redundancy.

I find therefore that the complaint under the Redundancy Payments Acts, 1967 – 2012 is well-founded and that the complainant is entitled to a redundancy payment based on the following criteria:

Date of Commencement:       28 March 2011

Date of Termination:             4 June 2018

Gross Weekly Pay:                   €340.00

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