ADJ-00026800

Complainant

Respondent

Anonymised Parties

A HR Officer

A Recruitment Agency

Representatives

Katherine McVeigh BL

Company Director.

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-00034118-001

01/02/2020

The Complainant was a HR Officer in the Respondent’s employment from 04.09.2017 until 31.12.2019. The Respondent is a recruitment agency. This complaint was received by the Workplace Relations Commission on 01/02/2020.

The Complainant was employed by a recruitment agency as a HR Generalist and was in continuous employment with a client organisation from 4th September 2017 until 31st December 2019, throughout this entire period she was paid weekly by the Respondent employment agency. The Complainant was informed by her line manager (client organisation employee) that they had not gained approval for the retention of her services and that they would not require her services after 31st December 2019. After 31/12/2019 the Complainant’s contract was not renewed by the Respondent under the same or similar terms. The Complainant contends that she was employed by the same employer for over 104 weeks between September 2017 and December 2019 and she was not replaced in her role within the client organisation when her contract ceased. This, she contends, is a redundancy situation. When the Complainant brought this matter up with the Respondent agency she was informed that she had not been informed by ether the client organisation or the Respondent that she was being made redundant and therefore she has no entitlement to a statutory redundancy payment. The Complainant accepts that she was offered alternative work by the agency, but this was at inferior rates of pay – it was not suitable alternative employment.

The Respondent in this this complaint is a recruitment agency and supplied the following summary at the hearing of the complaint:

04/09/2017 – the Complainant commenced a one year contract with the client organisation, she was paid weekly by the agency.

04/09/2018 – the Complainant’s contract was extended by a further year.

15/08/2019 – the client organisation informed the Respondent that the contract was to be extended to 31/12/2019.

22/08/2019 – the complainant was informed of the contract extension to 31/12/2019.

04/11/2019 – the Complainant submitted an updated resume to the Respondent for use by the Respondent in looking for other opportunities for the Complainant.

07/11/2019 – the Respondent informed the Complainant of a temporary opportunity (maternity leave cover) within another organisation. The location was not suitable for the Complainant and therefore she did not go forward.

19/11/2019 – final confirmation received from client organisation that the Complainant’s contract would end on 31/12/2019.

06/12/2019 – The Complainant was notified of another role and was interviewed for same. Due to internal changes in the client organisation this role did not go ahead.

10/12/2019 – The Complainant contacted the Respondent in relation to salary from 01/01/2020 – would the agency pay her salary. She was informed that she would have to be on assignment for the Respondent agency to continue paying her salary. The Complainant agreed with the Respondent that she would be willing to work on short term assignments in January 2020.

02/01/2020 – the Complainant turned down a week to week role that would last for approximately six weeks.

24/01/2020 – The complainant was put forward for a position by the Respondent and completed some psychometric tests in relation to same. Unfortunately, she did not score well enough to progress as a candidate for this position.

Section 7 (1) of the Redundancy Payments Act, 1967 states:

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, 1952 to 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 two years ending on that date. This is a redundancy situation; the complaint is well founded. At the hearing of this complaint it was stated that the statutory redundancy payment amounts to €3,396.00 I now order the Respondent to pay a statutory redundancy payment to the Complainant within 42 days from the date of this decision.

This is a redundancy situation; the complaint is well founded. I now order the Respondent to pay a statutory redundancy payment to the Complainant within 42 days from the date of this decision.

Redundancy Payments Act, 1967