ADJ-00021004

Complainant

Respondent

Anonymised Parties

A Driver

A Construction 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-00027581-001

08/04/2019

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00027581-002

08/04/2019

The complainant was verbally advised on the 4^th January, 2019 that his position was going to be made redundant on the 8^th January, 2019. On the 9^th January he received a letter confirming that his employment had terminated on the 8^th. Approximately eight or nine persons were let go at that time. There are only a handful of employees left.  He did not receive any redundancy pay or his minimum notice pay.

There was no appearance for or on behalf of the respondent.

I am satisfied that the complainant’s position within the respondent company was made redundant on the 8^th January, 2019. I am further satisfied that the complainant did not receive his minimum notice pay following the termination of his employment.

CA 27581 – 001

The complainant is entitled to a redundancy payment based on the following:

Commencement date: 14.07.2016

Termination date : 08.01.2019

Gross weekly salary: € 898.86 (statutory cap at € 600.00)

CA 27581 -002

 Section 4 ”An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section.

(2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be—

(b) if the employee has been in the continuous service of his employer for two years or more, but less than five years, two weeks”

I am satisfied that the complainant is entitled to a two week minimum notice payment pursuant to Section 4 (2) (b) of the Act,  amounting to €1,797.72

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA 27581 -002

The complaint is well founded. I award the complainant a two week minimum notice payment pursuant to Section 4 (2) (b) of the Act, amounting to €1,797.72

Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

CA 27581 -001

The complaint is well founded. The complainant is entitled to redundancy payment in the terms set out above