ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00024478

Parties:

	Complainant	Respondent
Anonymised Parties	Valet Assistant	Car Wash Company

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-00031133-001	25/09/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00031133-002	25/09/2019

Date of Adjudication Hearing: 20/01/2020

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 11 of the Minimum Notice & Terms of Employment Act , 1973 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).

Summary of Complainant’s Case:

The claimant was employed as a Valet Assistant with the respondent – commencing on the 19thJan. 2015 and his employment was terminated by reason of redundancy on the 21st.Dec. 2019.His gross weekly wage was €429 per week.The claimant submitted that he was advised by the respondent on the 20th.Sept. 2019 that his employment would cease the following day.The claimant asserted that the respondent advised him that he was unable to pay him redundancy and the claimant contended that the respondent refused to sign his RP50 form.It was submitted that the respondent was in breach of the Redundancy Payments Act 1967-2014 for failing to pay him his statutory redundancy and that the respondent was in breach of the Minimum Notice and Terms of Employment Act 1973 for failing to pay him 2 weeks notice.

Summary of Respondent’s Case:

The respondent stated that he initially operated as a sole trader up to the end of 2017 and that the limited company was set up from January 2018. The respondent stated that all employees were verbally advised of the establishment of the limited company .The respondent submitted that employees were aware of the difficulties with the leasing of the company premises which was based in an old CIE building.The respondent submitted that he had attempted to negotiate a settlement on the lease but had been unable to do so and that he had vacate the premises in Sept. 2019 despite his best efforts.The respondent advanced that employees were aware at the end of July 2019 that the business would close at the end of September 2019.The respondent stated that the company were not in a position to pay redundancy.The respondent accepted that the claimant was not given notice in writing but asserted that everyone knew the business was going to close from the end of July 2019.

Decision:

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

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.

I have reviewed the evidence presented at the hearing and noted the respective positions of the parties. I am satisfied that the claimant’s employment ceased by reason of redundancy on the 21st.September 2019 and I am accordingly allowing the complainant’s appeal.

I am upholding the complaint under the Redundancy Payments Acts 1967-2012 and find that the claimant is entitled to a redundancy payment based on the following criteria :

Date of Commencement :19.01.2015

Date of Termination : 21.09.2019

Gross Weekly Pay : €429.00per week

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

Section 11 of the Minimum Notice and Terms of Employment Act , 1973 requires that I make a decision in relation to the complaint consisting of a grant of redress in accordance with section 12 of the Act.

I have reviewed the evidence presented at the hearing and noted the respective positions of the parties. On the basis of the evidence presented , I have concluded that the verbal notice given was neither certain nor precise and accordingly I find the Act was contravened .I require the respondent to pay the claimant 2 weeks’ notice amounting to €858 within 42 days of this decision.

Dated: 29/04/2020

Workplace Relations Commission Adjudication Officer: Emer O'Shea

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