Complainant

Respondent

Anonymised Parties

Farm Worker

Farm Owners

Representatives

Donnery & Co solicitors

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-00027263-001

25/03/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00027263-002

25/03/2019

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

CA-00027263-003

25/03/2019

The Complainant was employed as a Stockman on the Respondent’s farm from the 25th of January 2014 until the 19th of October 2018 when his employment was terminated by reason of redundancy. He claims he never got his statutory redundancy sum, a statement of his terms and conditions of employment nor his statutory minimum notice.

At the commencement of proceedings, the Complainant withdrew CA-00027263-003 on the issue of Minimum Notice.

The Complainant commenced employment as a stockman on the farm of the Respondent on the 25th of January 2014. He was paid a weekly gross salary of €495.36, net €420. On October 8th, 2018 he was given a letter which referred to his notice of redundancy and told that his job as stockman on the farm was to be made redundant. The redundancy, according to the letter was to take effect on the 19th of October 2019. I quote the following from the letter as exhibited by the Complainant: “When the pig unit is sold, I will recommend you to the new owners and will have available money to the required redundancy.” The Complainant states he never received his redundancy sum nor a statement of his terms and conditions of employment during the period of his employment.

The Respondent was not at the hearing to give evidence. I waited some time for the Respondent to appear, but no appearance was made. I was satisfied that the Respondent was given adequate written notice of the hearing.

The Law-Redundancy

This is a complaint under the Redundancy Payments Act, 1967, to the effect that the complainant was made redundant and did not receive a redundancy payment.

Section 7(2) of the Act states:

For the purposes of subsection (1), an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to –

(a)    the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed, or

(b)    the fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish, or

(c)     the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring that the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise…

Based on the uncontested evidence before me I find that the Complainant’s role was made redundant in line with the Act and I accordingly state that his claim is well founded. The Complainant was a full-time employee. I award the Complainant his statutory redundancy entitlement with the sum to be calculated as follows:

Date of Commencement:        25/01/2014

Date of Termination:                19/10/2018

Gross weekly Pay:                   €495.36

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

Terms of Employment-The Law

The Terms of Employment (Information) Act 1994, as amended require that an employer must provide his/her employee with a written statement of the particulars of the employee’s terms and conditions of employment. Furthermore, the decision of the adjudication officer is guided by the following:

(2) A decision of an adjudication officer under section 41 of the Workplace Relations

Act 2015 in relation to a complaint of a contravention of sections 3, 4, 5, 6 or 6C

shall do one or more of the following, namely—

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) either—

(i) confirm all or any of the particulars contained or referred to in any statement

furnished by the employer under section 3, 4, 5, 6 or 6C, or

(ii) alter or add to any such statement for the purpose of correcting any

inaccuracy or omission in the statement and the statement as so altered

or added to shall be deemed to have been given to the employee by the

employer,

(c) require the employer to give or cause to be given to the employee concerned

a written statement containing such particulars as may be specified by the

adjudication officer,

(d) in relation to a complaint of a contravention under change section 3, 4,

5, or 6, and without prejudice to any order made under paragraph (e)order

the employer to pay to the employee compensation of such amount (if any)

as the adjudication officer considers just and equitable having regard to all

of the circumstances, but not exceeding 4 weeks’ remuneration in respect

of the employee’s employment calculated in accordance with regulations

under section 17 of the Unfair Dismissals Act 1977.

(e) in relation to a complaint of a contravention under section 6C, and without

prejudice to any order made under paragraph (d), order the employer to pay

to the employee compensation of such amount (if any) as the adjudication

officer considers just and equitable having regard to all of the circumstances,

but not exceeding 4 weeks’ remuneration in respect of the employee’s

employment calculated in accordance with regulations under section 17 of

the Unfair Dismissals Act 1977…”

Based on the uncontested evidence of the Complainant, I find that no written terms and conditions of employment were furnished to the Complainant as is required under the above Act and I therefore award the Complainant compensation of €1,981.44.

CA-00027263-001 – Redundancy:

I conclude that that the Complaint is well founded, and I award the Complainant a Redundancy sum under the Redundancy Payments Acts 1967-2012 to be calculated as follows:

Date of Commencement:        25/01/2014

Date of Termination:                19/10/2018

Gross weekly Pay:                   €495.36

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

CA-00027263-002 – Terms and Conditions of Employment:

I conclude that the complaint is well founded, and I award the Complainant €1981.44 as per the provisions of the Terms of Employment (Information) Act 1994.

CA-00027263-003 – Minimum Notice:

This complaint was withdrawn by the Complainant at the commencement of the hearing.

Redundancy, Terms and Conditions of Employment