Complainant

Respondent

Parties

Derek  Muir

Asian Harvest Foods (Ire) Limited

Representatives

  N/A

N/A

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-00046698-001

15/10/2021

The Complainant’s employment with the Respondent began on 18 November 2013 and he was paid €750 per week. He became aware that his position was redundant when he no could no longer make contact with the Respondent in January 2021.

The Complainant began his employment as an Account Manager with the Respondent on 18 November 2013 and was paid €750 per week. He stated that he was put on temporary layoff in March 2020 as a result of the Covid pandemic and subsequently became aware in January 2021 that his position was redundant when he no could no longer make contact with the Respondent despite numerous attempts on his behalf to do so.

The Respondent did not attend the hearing to give evidence.

THE LAW

Schedule 3 of the Act in relevant part states:

Reckonable Service

8. During, and only during, the 3 year period ending with the date of termination of employment, none of the following absences shall be allowable as reckonable service —

(a) absence in excess of 52 consecutive weeks by reason of an occupational accident or disease within the meaning of the Social Welfare (Consolidation) Act 1993,

(b) absence in excess of 26 consecutive weeks by reason of any illness not referred to in subparagraph ( a),

(c) absence by reason of lay-off by the employer.

ANALYSIS

I am satisfied on the basis of the evidence presented to me that the Complainant began his employment on 15 November 2013 and that it was effectively terminated by reason of redundancy on 15 January 2021 when he could no longer make contact with the Respondent.

While the date of the Complainant’s termination for the purposes of this decision is therefore 15 January 2021, I noted that he was put on temporary lay-off as a result of the lockdown caused by the Covid pandemic on 20 March 2020. I find that the period of lay off from 21 March 2020 to 15 January 2021 is not allowable for the purposes of calculating reckonable service because it was within three years of the termination of the Complainant’s employment. This analysis is in line with paragraph 8 ( c ) of the Third Schedule above.

I allow the Complainant’s appeal and find that he is entitled to a statutory redundancy lump sum payment under the Redundancy Payment Acts 1967 – 2012 based on the following criteria: 

-          Date of commencement:  18 November 2013

-          Date of termination: 15 January 2021

-          Gross weekly wage: €750

-          Non-reckonable break in service: 21 March 2020 - 15 January 2021

This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period.