ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019400
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | Sales & Marketing Company |
Representatives | Self represented | Michael O'Sullivan ARRA HRD |
Complaint:
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-00025367-001 | 29/01/2019 |
Date of Adjudication Hearing: 12/06/2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant seeks statutory redundancy payment following the closure of the Respondent’s business |
Summary of Complainant’s Case:
The Complainant stated that he was employed as a merchandiser from 1st February 2012 until 31st August 2018 when the Respondent closed the business. He subsequently discovered that he was not covered by the Transfer of Undertakings Protection of Employees regulations (TUPE). He seeks redundancy payment as the service he had with the Respondent which was in excess of 6 years was not transferred to the new employer. |
Summary of Respondent’s Case:
The Respondent stated that redundancy does not apply in this case as the Complainant continued his employment in the same retail business. In the period of two years before the Respondent closed, the Complainant was getting more work from the new employer and in the past year he earned just €62.72 gross average per week. |
Findings and Conclusions:
I note that no transfer of undertakings took place. In that context the Complainant was at a loss of continuity of service. As the business closed, I find that he has a statutory entitlement to redundancy payment. |
Decision:
I find the complaint to be well founded and in accordance with the calculation of statutory redundancy lump sum payment, I require the Respondent to pay to the Complainant the sum of €903.55. This calculation is based on service of 6 years and 214 days and calculation of 14.18 weeks of average weekly wage of €63.72.
Dated: 19th June 2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Redundancy. TUPE. |