Complainant

Respondent

Anonymised Parties

A Mechanic

A Motor Company

Representatives

  N/A

N/A

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-00038424-001

29/06/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00038424-002

29/06/2020

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00038424-003

29/06/2020

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00038424-004

29/06/2020

The Complainant commenced employment with the Respondent on 5th January 2007. His gross weekly wage was €522, and not €422.30 as per the complaint form. He alleged that he was notified of his redundancy on 3rd June 2020 but did not receive either a statutory redundancy payment, his minimum notice entitlements or any holiday pay.

The complainant was placed on temporary lay off in March 2020 due to the impact of the Covid Pandemic. He stated that during a meeting with the respondent’s directors on 3rd June 2020, he was informed that the business was closing and they had no further work in the company for him. He also added that they offered him a role in a different garage but that he was not interested.

The respondent’s accountant attended the hearing. He informed me that the Directors had asked him to attend on their behalf.

CA-00038424-001:

Section 7(2) of the Redundancy Payments Act, 1967, states:

For the purposes of subsection (1), an employee who is dismissed shall be taken to have been 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 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 

Having heard his evidence, and in the absence of any evidence from the respondent’s directors, I am satisfied that the complainant was dismissed by reason of redundancy and is entitled to a redundancy payment pursuant to the Redundancy Payments Acts 1967-2014 based on the following facts established in evidence:

Start date: 5th January 2007

Notification Date: 3rd June 2020

Termination Date: 15th July 2020

Gross weekly wage: €522

CA-00038424-002:

I note that the complainant was temporarily laid off on 13th March 2020. Accordingly, he is entitled to four public holidays on 17th March, 13th April, 4th May and 1st June 2020 or 32 hours given that he was still in the respondent’s employment. This amounts to €417.60.

I note the undisputed evidence that the complainant worked over the period from 1st January to 13th March, excluding the public holiday on 1st January for which he was paid. This represented a total of 416 hours work. Given that he is entitled to 8% holiday hours, according to the Act, I find that the annual holiday hours due are 33.28. Given that complainant’s hourly rate was €13.05, I find that he is due €434.30 in respect of his annual holidays.

CA-00038424-003:

I am satisfied, in the absence of any evidence to the contrary, that the Complainant was notified of his redundancy on 3rd of June 2020. Given that he had in excess of 10 years’ service, he should have been paid six weeks’ notice.

Preliminary Point:

The name of the Respondent was incorrect on the complaint form and was changed with the consent of both parties.

CA-00038424-001:

For the reasons outlined above, the complaint under Section 39 of the Redundancy Payments Acts, 1967 – 2014 is well founded and I find that the complainant is entitled to a redundancy payment based on the following criteria:

Start date: 5th January 2007

Termination Date: 15th July 2020

Gross weekly wage: €522

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

CA-00038424-002:

For the reasons outlined above, I find that the complaint is well founded and that the complainant should be paid €851.90 in respect of his annual leave and public holiday entitlements.

CA-00038424-003:

For the reasons outlined above, I find that this Act was contravened and that the complainant should be awarded €3,132 which represents six weeks salary.

CA-00038424-004:

This is a duplicate claim and has been dealt with in the context of CA-00038424-001 above.