RPD2212

1.Appeal Of Adjudication Officer Decision No(s)ADJ-00031016 CA-00041185-002


BACKGROUND:

2.The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 6th September 2022 in accordance with the Redundancy Payments Acts 1967 to 2014. A Labour Court hearing took place on 18th October 2022. The following is the Determination of the Court:





DETERMINATION:

Background

The matter before the Court relates to a worker, the Appellant, who worked for the Respondent for a total of 40 years from 1980 until he was notified of his redundancy on 2nd November 2020. Prior to that period of service, he worked for a person called James Byrne from 1962 to 1980. It is common case between the parties that, at the date of the termination of his employment by reason of his redundancy, he was in receipt of wages in the amount of €823.89 per week.

It is common case that the Appellant received no notice payment and no redundancy payment on termination of his employment after 40 years of service with the Respondent and 18 years of service with James Byrne.

Dissolution of the Respondent Company

The Respondent submitted that the Respondent had been dissolved. The Court was not provided with evidence or any material basis to understand that a dissolution of the legal entity had taken place or when that event might have occurred.

In those circumstances, the Court is unable to conclude that, as a matter of legal certainty, the Respondent has ceased to exist as a legal entity.

The facts of the case

There is no dispute between the parties as to the material facts of the case. It is agreed that the Appellant worked for the Respondent for 40 years and prior to that from 1962 to 1980 for a person called James Byrne, that he was made redundant within the meaning of the Act and that he received no redundancy payment from the Respondent at the time of his redundancy or since.

The Relevant Law

Section 7 of the Redundancy Payment Act, 1967, sets out a general right to a redundancy payment as follows:

• 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 the Social 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 four years ending on that date.

    (2) For the purposes of subsection (1), an employee who is dismissed shall be taken to be 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 for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that 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, or

      (c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise, or

      (d) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, or

      (e) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained,

It is clear from the undisputed facts of the case before the Court that the Appellant was made redundant within the meaning of the Act at Section 7 on 2nd November 2020.
Accordingly, the Court finds that the complainant is entitled to a redundancy payment in line with the Redundancy Payments Acts in respect of his service.

It is common case between the parties that the complainant’s rate of pay at the date of his redundancy was €823.89 per week. That figure should therefore be used when calculating the redundancy amount in accordance with Schedule 3 of the Redundancy Payments Act 1967.

The Court decides that the Appellant’s claim is well founded. The Adjudicator’s decision is set aside.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
CC	______________________
5th December 2022	Chairman