Complainant

Respondent

Anonymised Parties

Apprentice

Steel Fabrication

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-00027565-001

06/04/2019

The Complainant was employed as an apprentice from 11th February 2014 to 12th October 2018. He was paid €546.00 per week. He has claimed that his position was terminated before his apprenticeship ended and so is entitled to a redundancy payment.

`The Complainant stated that he believed that his apprenticeship was to end officially on 16th December 2018, however it ended on 12th October 2018. The Employer told him that it was policy to let all apprentices go once they had completed their apprenticeship. He accepted that an employer had up to one month after the conclusion of the apprenticeship to terminate the employment. He had concluded his exams in April to June 2018. He received confirmation of qualification on 12th December 2018. FÁS had sent him official notification on 30th November 2018 as he had gone into FÁS after he was let go. As his employment was terminated before the end of his apprenticeship he is claiming redundancy payment.

The Respondent stated that it is their policy to terminate the employment of all apprentices after they had completed their apprenticeship. They were clear that the Complainant fully understood that. The Complainant failed his exams and so this had the effect of extending the official end date. They accepted that he had successfully completed his exams and his apprenticeship. He was given two weeks’ notice in writing on 27th September to end Mid October 2018. That letter stated “congratulations on completing your apprenticeship. It is policy to release all apprentices on achieving the qualification”. He was told that he would be given time to find a job, whatever it took. On 12th October 2018 the Complainant informed him that he had got a job and wanted to leave early. This was agreed and he signed acceptance of being released earlier from his notice. They rejected this claim.

I note that there was uncertainty regarding the actual end date of the apprenticeship, which may have been caused by the delay in passing his exams.

I note that it was accepted by both parties that the Complainant had completed his apprenticeship.

I find that it was accepted by the Complainant that his employment would end at the conclusion of his apprenticeship.

I find that the Respondent confirmed in writing to the Complainant that he had successfully completed the apprenticeship. This was not questioned by the Complainant and so it must be concluded that he knew that his apprenticeship had been successfully completed.

I note that the Respondent confirmed to the Complainant that he would be given time to find a job.

I find that the Complainant resigned his position in writing, requesting a termination date of 12th October 2018.

I find that the Complainant had successfully completed his apprenticeship.

I find that he was advised that he would not be retained in that employment.

I find that it is in order for an employer not to retain an employee having completed an apprenticeship provided it is done within a month after the conclusion of the apprenticeship.

I find that the Complainant then found employment and resigned his position.

I find that the Complainant is not entitled to redundancy payment.

Redundancy ‘during’ apprenticeship