Complainant

Respondent

Anonymised Parties

A Sales Representative

A Grocery Wholesaler

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-00030444-001

21/08/2019

The complainant was employed by the respondent as a Sales Representative from 18th July 2011 until 5th June 2019. The complaint was submitted to the Workplace Relations Commission on 21st August 2019 and relates to the complainant’s outstanding redundancy entitlements.

The complainant stated that his employment ended by reason of redundancy and despite numerous assurances from the respondent that he would receive his entitlements, he has not received his redundancy lump sum.

The respondent does not refute that the complainant’s employment ended by reason of redundancy on 5th June 2019. The respondent stated that the complainant owes a significant amount of money to the respondent company (approximately €23k). The respondent Principal stated that he himself secured a new position for the complainant in a different company and the complainant remains employed there to date.

I note that in correspondence from the respondent dated 8th May 2019, the complainant was notified of his redundancy with effect from 5th June 2019. The respondent stated in its letter that the Accountants were finalising redundancy figures and they would be made available to the complainant in due course. The complainant stated that he did not receive his entitlements despite assurances from the respondent that the matter would be resolved.

I also note the respondent’s assertions that the complainant owed a significant sum of money at the time his employment was terminated. However, the only matter for consideration under the Redundancy Payments Acts 1967-2014 is whether the complainant is entitled to a redundancy payment in line with Section 7 of the Redundancy Payments Act of 1967. It is clearly the case that the complainant’s position in the Company ended by reason of redundancy and he has not yet received his redundancy entitlements.

The complaint is well founded. The complainant is entitled to a redundancy payment as follows:

Date of commencement of employment: 18th July 2011

Date of cessation of employment: 5th June 2019

Gross weekly rate of pay: €865.38

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.

Redundancy entitlements