ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027216
Parties:
| Complainant | Respondent |
Anonymised Parties | A Deli Supervisor | A Supermarket |
Representatives | In Person | The Respondent did not attend or was not represented at the hearing |
Complaint:
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-00034821-001 | 24/02/2020 |
Date of Adjudication Hearing: 17/12/2020
Workplace Relations Commission Adjudication Officer: Enda Murphy
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The hearing of this complaint was scheduled to take place by remote means on 17 December, 2020 at 11:30 am. The WRC Secretariat contacted the Respondent (Mr. A) by telephone on 15 December, 2020 to confirm that he had received the hearing notification which had been sent by e-mail on 25 November, 2020. Mr. A confirmed that the WRC did not have his correct e-mail address on record and therefore the hearing notification was re-sent to his correct e-mail on 15 December, 2020.
The WRC sent a further e-mail to Mr. A on 16 December, 2020 to confirm that the hearings in respect of this claim and ADJ-00027486 would be heard concurrently on 17 December, 2020 at 11:30 am given the similarity of both claims. The Adjudication Officer opened the hearings at 11:30 am on this date and both complainants were in attendance. However, the Respondent (Mr. A) failed to attend the hearing at the allocated time and did not provide any explanation for his non-attendance. The Adjudication Officer delayed the start of the hearings by 20 minutes to allow for the Respondent’s attendance and subsequently decided to proceed with the hearing in the absence of any request for a postponement or explanation from the respondent in relation to the failure to attend. It was subsequently brought to the attention of the Adjudication Officer after the hearing that the Respondent (Mr. A) contacted the WRC Concierge Officer by e-mail at 13:41 on 17 December, 2020 to indicate that he had been unable to join the remote hearing on this date.
In the circumstances, the Adjudication Officer wrote to the respondent by e-mail on 22 December, 2020 and requested him to confirm by 31 December, 2020 if he was seeking to have the hearing of this complaint reconvened on a further date. The Respondent did not subsequently reply to this communication and therefore the Adjudication Officer decided to proceed with his deliberations in this matter based on the evidence that was adduced at the hearing on 17 December, 2020.
Background:
The Complainant was employed by the Respondent as a Shop Assistant from 30 August, 2017 until 26 January, 2020 when his employment was terminated. The Complainant worked an average of 40 hours per week and was paid a gross weekly wage of a gross weekly wage of 480.00 per week. The Complainant claims that the Respondent failed to pay his statutory redundancy entitlements when his employment was terminated by reason of redundancy. The Respondent did not engage with the WRC in relation to these complaints. |
Summary of Complainant’s Case:
The Complainant stated that he commenced employment with Company A on 30 August, 2017 as a Shop Assistant. The Complainant contends that Company A was taken over by Company B on 3 December, 2018 and that his contract of employment transferred to the latter on this date without any break in service. The Complainant stated that there was a further change of ownership of the business when it was taken over by Company C (the Respondent) on 18 November, 2019. The Complainant stated that he also continued to work with Company C in the same position without a break in service following the transfer of ownership. The Complainant stated that he was informed by the owner of Company C (Mr. A) in early January, 2020 that the business would be closing in two weeks from that date. The Complainant stated that his employment was terminated by reason of redundancy on 26 January, 2020 and that he was not paid his statutory redundancy entitlements on cessation of his employment. |
Summary of Respondent’s Case:
The Respondent did not engage with the Workplace Relations Commission in relation to this complaint. |
Findings and Conclusions:
The Complainant adduced evidence that his employment commenced with Company A on 30 August, 2017 and that his contract of employment was subsequently transferred to Company B on 3 December, 2018 and thereafter to Company C (being the Respondent in the instant complaint) on 18 November, 2019. In the circumstances, I find that the rights and obligations arising from the Complainant’s contract of employment which commenced on 30 August, 2017 were transferred to the Respondent on 18 November, 2019 following a transfer of undertakings within the meaning of the European Community (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131). Based on the uncontested evidence of the Complainant, I find that the Complainant was employed on a continuous basis without a break in service from 30 August, 2017 until 26 January, 2020 when his employment was terminated by the Respondent by reason of redundancy following the closure of the Respondent’s business. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2014 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I find that the Complainant is entitled to a statutory redundancy lump sum under the Redundancy Payment Acts 1967 – 2014 based on the following criteria: - Date of commencement: 30 August, 2017 - Date of termination: 26 January, 2020 - Gross weekly wage: €480.00 This award is made subject to the complainant fulfilling current social welfare requirements in relation to PRSI contributions. |
Dated: January 15th 2021
Workplace Relations Commission Adjudication Officer: Enda Murphy
Key Words:
Redundancy Payments Acts 1967 – 2014 – Statutory Redundancy Payment – Closure of Business – Failure to pay statutory redundancy lump sum |