ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028885
Parties:
| Complainant | Respondent |
Parties | John Guerin | Aerospace Parts Trading Ireland Ltd |
Representatives | Self Represented | Norberto Gill |
Complaint(s):
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-00038629-001 | 09/07/2020 |
Date of Adjudication Hearing: 25/05/2021
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2020 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant was made redundant and is seeking payment of the statutory redundancy payment. |
Summary of Complainant’s Case:
The Complainant was employed from October 2nd 2017 to May 31st 2020 as Operations Manager. He was made Redundant due to a downturn in the aviation business due to the Pandemic. The Complainant earned 4400 Euros gross per month. He was not paid his statutory redundancy entitlement. |
Summary of Respondent’s Case:
By correspondence dated March 16th, 2020 the Respondent notified the Complainant of his Redundancy. By Correspondence dated May 19th 2021 the Respondent notified the WRC that it was not contesting the Complainant was made redundant or his entitlement to redundancy. At the Hearing the Respondent Representative, who participated from the Respondent Headquarters in Miami, the Respondent stated they had to make a significant number of staff redundant due to the down turn in business due to the Pandemic and did not contest the claim. The Respondent stated they had not sufficient funds due to the drop-in revenue to pay the Complainant his redundancy. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
The Complainants employment was terminated due to their being no work available on May 31st 2020. The Complainant did not receive any redundancy payment. Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.” Therefore, subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, I find that the complaint is well founded and the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof) plus a week on the following basis; Date of Commencement; 2/10/2017 Date of Reckonable Service for Redundancy Payment Ceasing on: 31/5/2020 Gross Weekly Wage allowable for Redundancy Calculation; 600 Euros per week The Complainants period of “Reckonable Service” is defined by Schedule 3 of the Act and does not include any period of absence from work due to lay off by the employer. Cross examination was offered but not availed of by either Party. |
Dated: 24th June 2021
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy |