Complainant

Respondent

Anonymised Parties

A CEO

A Service Provider

Representatives

  Self-Represented

 An Accountant

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-00039354-001

25/08/2020

The Complainant was appealing the decision of the Respondent not to pay him statutory redundancy when the Company he worked for made his position redundant

The Complainant was employed as a Chief Executive Officer from May 20th, 2016 to February 29th, 2020, when his position was made redundant.

The Complainant earned 769.23 Euros salary per week on average at the time of his redundancy.

The Complainant is seeking payment of the statutory redundancy due.

The Respondent Representative accepted that the Complainants position was made redundant, and he was entitled to statutory redundancy. The Respondent noted that they hoped to have the funds to make the payment shortly.

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. Based on the evidence presented at the Hearing, I allow the Complainants appeal and I award him statutory redundancy on the following basis.

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, 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; May 20th, 2016

Date of Reckonable Service for Redundancy Payment Ceasing on February 29th, 2020

Gross Weekly Maximum Wage allowable for a statutory redundancy payment; 600 Euros

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.

Redundancy Pay