Complainant

Respondent

Anonymised Parties

A Baker

An Employer

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-00030059-001

03/08/2019

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

CA-00030059-002

03/08/2019

The complainant was employed by the respondent from 15th August 2011 until 15th December 2018. The complaint was referred to the Workplace Relations Commission on 3rd August 2019 and relates to outstanding redundancy and minimum notice entitlements.

The complainant stated that having closed for the Christmas holidays on or about the 15th December 2018, the respondent’s business did not re-open in 2019. The complainant contends that she was assured on 28th January 2019 that she would receive her redundancy entitlements into her bank account. The complainant stated that on numerous occasions the respondent stated that it would be paid and each time the complainant sought an update, the respondent provided different reasons why it had not provided the complainant with her entitlements.

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

It is regrettable that the respondent did not attend the adjudication hearing to put forward it’s position in relation to the complaint.

I note that the complainant was in regular contact with the respondent from the time her employment ended and was initially informed on or about 28th January 2019 by the respondent that she would receive her redundancy entitlements into her bank account. The complainant was given a number of different reasons by the respondent in relation to the non-payment of her redundancy entitlements and ultimately no payments have been made to her.

CA-00030059-001 – Redundancy complaint

The Applicable Law

Sections 7(1) and (2) of the Redundancy Payments Acts, 1967 at relevant parts states as follows:

7(1) An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided—

(a) he has been employed for the requisite period, and

(b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of F18 [ four years ] ending on that date.

(2) 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

I note from the text messages exchanged between the complaint and the respondent that it was accepted by the respondent that the complainant’s employment ended by reason of redundancy in circumstances where the respondent did not re-open after the Christmas Holidays in January 2019. However, despite numerous assurances to the contrary the complainant did not receive her entitlements. Accordingly, I find that the complaint is well founded.

CA-00030059-001 – Minimum Notice complaint

The Applicable Law

Section 4 of the Minimum Notice and Terms of Employment Act, 1973 at relevant part states as follows:

4.(1) 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—

(a) if the employee has been in the continuous service of his employer for less than two years, one week,

(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,

(c) if the employee has been in the continuous service of his employer for five years or more, but less than ten years, four weeks,

I note that in addition to not receiving her redundancy entitlements, the complainant was also entitled, by virtue of her service, to four weeks’ notice of the termination of her employment which she did not get. Accordingly, I find that the complaint is well founded.

The complaint in relation to Redundancy entitlements is well founded.

The complainant is entitled to a Redundancy payment as follows:

Date of commencement of employment: 15th August 2011

Date of cessation of employment: 15th December 2018

Gross weekly rate of pay: €198.00

The entitlement to a Redundancy payment is based on the complainant having been in insurable employment within the meaning of the Social Welfare Acts for the relevant period.

The complaint in relation to Notice entitlements is well founded.

As the complainant was employed by the respondent for seven years, she is entitled to four weeks’ notice in accordance with Section 4(2)(C) of the Minimum Notice and Terms of Employment Act, 1973.

The respondent is directed to pay the complainant €792.00 (four weeks gross pay) in respect of Notice entitlements.

Redundancy entitlements, Minimum Notice entitlements