ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00020510

Complaint(s):

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-00027075-001	14/03/2019
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000	CA-00027075-002	14/03/2019

Date of Adjudication Hearing: 02/05/2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 ; Section 39 of the Redundancy Payments Acts 1967 - 2014 and Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Associated Payment of Wages Act, 1991 complaint. CA-00027075-003

This complaint CA-00027075-003 , part of the original claim, was ruled ineligible and “out of time” at the pre-Hearing screening stage by the WRC. The date of the contravention of the Act was stated to be 01/01/2018 - clearly outside of the 6 month and by extension 12-month time limit (By Application to an Adjudication Officer) on a complaint lodged on the 14/03/2019. The complaint was, accordingly, not listed for the Oral Hearing.

The Legal Representative of the Complaint undertook to review the issue with a view to possibly resubmitting a further Payment of Wages Act,1991 claim.

Background:

The issue in contention concern the non-payment of Statutory Redundancy to an employee following the liquidation of the Respondent Architectural practice.

1: Summary of Complainant’s Case:

In a contentious Hearing it was accepted by the Parties that the Complainant had been employed between the 1st January 2015 and the liquidation of the company on the 14th of September 2018. Statutory redundancy is due for this period.

2: Summary of Respondent’s Case:

After considerable discussion the dates of employment were accepted. The Liquidator agreed to proceeded to file the necessary forms with the Department of Social Protection

3: Findings and Conclusions:

3:1 Statutory Redundancy complaint - CA-00027075-001

There was considerable contention, in relation to facts and allegations made, at this Oral Hearing. The Architectural practice had effectively got into serious difficulties during the Summer of 2018 with considerable negative consequences for all concerned.

However, it was eventually accepted by the parties that the dates of Employment of the Complainant, as an employee, were from 1st January 2015 to the date of liquidation on the 14th September 2018.

There was considerable discussion as to the provenance of a P45 which gave a cessation date of the 24th of November 2017. It was very unclear as to the status of this Document and the Complainant denied ever having received it.

It was also very questionable if it had even been filed with the Revenue. It was also ambiguous as to the exact PAYE status of the Employee particularly as regards deductions being lodged with the Revenue, from late 2017 to the date of the liquidation.

Notwithstanding this issue, it was clear that she was in attendance at the Respondent Offices, in the capacity of an employee, during 2017 and as late as August 2018 when she resigned as a Director of the Respondent Company.

There was no evidence of any formal Termination of her actual employment as an employee.

Accordingly, on the basis of the written and in particular the Oral evidence of the Parties present at the Hearing, I accepted the employment dates.

Statutory Redundancy is due for the period from 01/01/2015 to the date of the liquidation on the 14th September 2018.

The rate of pay of the Employee was stated to be €50,000 per annum or €961.54 per week.

The redundancy to be calculated in keeping the rules and regulations of the Department of Social Protection.

It is worth noting that the Liquidator maintained that he had made numerous efforts to get the Complainant complete the necessary forms prior to the Hearing.

3:2 Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 Complaint CA-00027075-002

These Regulations are set out in Irish Law as SI.No.488 of 2000European Communities (Protection of Employment) Regulations and refer to “collective redundancies”. This is not the case here as only a single employee is involved.

Accordingly, this complaint cannot be pursued and is set aside.

4: Decision:

Section 41 of the Workplace Relations Act 2015; Section 39 of the Redundancy Payments Acts 1967 - 2014 and Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts and Regulations.

Act	Complaint/Dispute Reference No.	Summary decision /Please refer to Section Three above for detailed comment.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00027075-001	Statutory redundancy from 01/01/2015 to 14/09/2018 is due to the Complainant. The weekly rate of pay is deemed to have been €961.54. The calculation to be carried out in keeping with the rules of the Department of Social Protection.
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000	CA-00027075-002	Not applicable to this case. Complaint must be set aside.

Dated: 07/06/2019

Workplace Relations Commission Adjudication Officer: Michael McEntee