Complainant

Respondent

Anonymised Parties

A CE Supervisor

CE Scheme

Representatives

Eddie Mullins

 No appearance

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-00035555-001

02/04/2020

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

There was no appearance on behalf of the Respondent. Having carefully reviewed the file I am satisfied that the Respondent received the notice and invite to the hearing.

It is the Complainant’s claim that she was made redundant from her position as CE Supervisor, but her employer failed, refused or neglected to pay her the calculated redundancy sum which is due and owing to her.

The Complainant commenced employed with the Respondent on 2 December 1993. There was a previous dispute around her rate of pay with the Respondent. This was clarified by way of a WRC decision early this year. The Complainant’s rate of pay was €772.50.

By letter dated 27 September 2019, the Complainant was advised that she was to be made redundant.  The date of notification of redundancy was 27 September 2019 with 8 November 2019 being the date of termination. The Complainant had a total period of service of 25 years and 11 months.

An RP50 form was presented by the Respondent to the Complainant but the details were disputed by her including the dates of her maternity leave, weekly rate of pay and total redundancy payment. The Respondent failed to rectify the RP50 Application Form.

It is the Complainant’s case hat she is fully entitled to redundancy payment in accordance with S. 7(1) (a) and (b) of the Redundancy Payments Act 1967 as she had sufficient reckonable service together with sufficient PRSI Class A1 contributions.

To date the Respondent has failed to pay her redundancy payment despite being requested to do so.

There was no appearance on behalf of the Respondent at the hearing.

However, there was an email from the Respondent on 18 March 2021 noting the following: -

“I wish to inform you that [Respondent] is no longer a legal entity.”

As there had been correspondence from the Respondent I am satisfied that it was on notice of the hearing and proceeded in hearing the Complainant’s case.

The general right to redundancy is set out in Section 7 (1) of the Redundancy Payments Act 1967: -

“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 theSocial 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.”

I am satisfied based on the undisputed evidence of the Complainant that she has meets the criteria set out in S. 7 (1), that she was dismissed by way of redundancy by her employer, she was employed for the requisite period and she was insurable for all benefits.

Section 19 (1) provides for redundancy payment: -

“19.— (1) Upon the dismissal by reason of redundancy of an employee who is entitled under this Part to redundancy payment, or upon the termination by such an employee in accordance with section 12 (2) of his contract of employment, his employer shall pay to him an amount which is referred to in this Act as the lump sum”

I am further satisfied by the uncontested evidence of the Complainant that her employer, the Respondent, did not pay her the lump sum she is entitled to.

Section 24 of the 1967 Act sets out the time period for claiming redundancy payment: -

“24. —Notwithstanding any other provision of this Act, an employee shall not be entitled to a lump sum unless before the end of the period of thirty weeks beginning on the date of dismissal or the date of termination of employment—

(a) the payment has been agreed and paid, or

(b) the employee has made a claim for the payment by notice in writing given to the employer, or

(c) a question as to the right of the employee to the payment, or as to the amount of the payment, has been referred to the Tribunal under section 39.”

The Complainant’s employment was terminated on 8 November 2019. On 2 April 2020 she initiated a claim before the WRC under the Redundancy Payment Acts 1967. Consequently, I am satisfied that she is within time to bring this claim.

Having carefully considered all the evidence before me I find that the Complainant’s claim is allowed, and she is entitled to redundancy to be calculated on the basis of the information provided.

Redundancy Payments- Failure to pay redundancy – No appearance on behalf of Respondent