Complainant

Respondent

Anonymised Parties

A Caretaker

A Cleaning Company

Representatives

In person

Did not Attend

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-00021818-001

12/09/2018

The complainant was employed by the respondent as a Caretaker from 1st November 2011 until 22nd June 2018. The complainant worked 39 hours per week and was paid €1747.20 gross per month. The complainant is seeking his redundancy entitlements.

The complainant stated that he was employed as a Caretaker in an Apartment Complex. The complainant stated that in June 2018 there was a dispute between the Management Company and the Board of Directors which resulted in the respondent placing the complainant on temporary layoff which lasted three months. The complainant stated that despite making contact with the respondent several times, he was not offered any alternative work. On 12th September 2018, the complainant submitted an RP77 to the respondent seeking his redundancy entitlements. The complainant stated that after submitting the RP77, the respondent made immediate contact and offered the complainant an alternative role in another location. The complainant stated that as he had submitted the RP77 seeking his redundancy entitlements, he chose not to accept the offer of alternative employment.

The respondent did not attend the adjudication hearing and was not represented.

It is regrettable that the respondent did not attend to put forward its position in relation to the complaint.

The Applicable Law

Section 12 of the Redundancy Payments Act, 1967 states as follows:

12(1) An employee shall not be entitled to redundancy payment by reason of having been laid off or kept on short-time unless —

(a) he has been laid off or kept on short-time for four or more consecutive weeks or, within a period of thirteen weeks, for a series of six or more weeks of which not more than three were consecutive, and

(b) after the expiry of the relevant period of lay-off or short-time mentioned in paragraph (a) and not later than four weeks after the cessation of the lay-off or short-time, he gives to his employer notice (in this Part referred to as a notice of intention to claim) in writing of his intention to claim redundancy payment in respect of lay-off or short-time.

(2) Where, after the expiry of the relevant period of lay-off or short-time mentioned in subsection (1) (a) and not later than four weeks after the cessation of the lay-off or short time, an employee to whom that subsection applies, in lieu of giving to his employer a notice of intention to claim, terminates his contract of employment either by giving him the notice thereby required or, if none is so required, by giving him not less than one week ’ s notice in writing of intention to terminate the contract, the notice so given shall, for the purposes of this Part and of Schedule 2, be deemed to be a notice of intention to claim given in writing to the employer by the employee on the date on which the notice is actually given.

I find that the complainant was on temporary layoff for approximately 12 weeks from June 2018 and became entitled to claim his redundancy entitlements after four weeks of layoff when the employer did not offer him an alternative role in the organisation.

Based on the uncontested evidence of the complainant, I declare that the complaint is well founded.

The complainant is entitled to a redundancy payment as follows:

Date of commencement: 1st November 2011

Date of cessation: 22nd June 2018

Gross Weekly rate of pay: €436.80

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

Redundancy entitlements