ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033552
Parties:
| Complainant | Respondent |
Parties | Brian Mc Carthy | Huawen Foundation Limited Kylin Prime |
Representatives |
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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-00044387-001 | 28/05/2021 |
Date of Adjudication Hearing: 07/04/2022
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
Pursuant to Section 39 of the Redundancy Payment Act of 1967 (as amended) it is directed that the manner of hearing prescribed in Section 41 of the Workplace Relations Act of 2015 shall apply to any question, dispute, complaint or appeal referred to the Director General under the Redundancy Payments Acts of 1967 – 2014.
I have accordingly been directed by the Director General of the Adjudication services, to hear the within complaint and I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
Under the Redundancy Payments Acts, an eligible employee who is found to be redundant is entitled to a statutory redundancy payment for every year of service (per Section 7 of the Redundancy Payment Act of 1967). The Acts provide for a payment of two weeks gross pay for each year of service. A further bonus week is added to this. An eligible employee is one with 104 weeks of continuous employment with an employer and whose position has ceased to exist. The calculation of Gross weekly pay is subject to a ceiling of €600.00. Gross pay is the current normal weekly pay including average regular overtime and benefits-in-kind and before tax and PRSI deductions. A Redundancy payment is generally tax free.
Responsibility to pay Statutory Redundancy rests with the Employer. Where an employer can prove to the satisfaction of the Department of Employment Affairs and Social Protection that it is unable to pay Statutory Redundancy to an eligible applicant, the Department will make payments directly to that employee and may seek to recover as against the Employer independently. Such claims must be submitted on form RP50 which may be signed by both employer and employee (to be accompanied with a Statement of Affairs).
In the event that an Employer refuses to engage with an employee in this way, it is open to the employee to bring an appropriate complaint before the Workplace Relations Commission.
The Employee must have made a claim for a redundancy payment from an employer by notice and in writing before the expiration of 52 weeks form the date of the cessation of the employment per section 24 of the Redundancy Payments Act 1967 (as amended). The time limit may be extended to 104 weeks where reasonable cause is demonstrated.
Background:
The Complainant has brought a workplace relations complaint form dated the 28th of May 2021. He is seeking Statutory Redundancy. The Complainant maintained the Respondent has closed down unexpectedly without making provision for his Redundancy in circumstances where he has been employed for two years. |
Summary of Complainant’s Case:
The Complainant gave evidence that his place of work closed down without notice in and around April 2021 after a reduction in the need for the services provided. In particular the Respondent provided an information service for overseas students. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing and no representation or correspondence indicated the Employer’s intention. |
Findings and Conclusions:
I am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence: The employment started: 25th of March 2019 The employment ended: 1st April 2021 Gross weekly wage : €615.00 The Complainant was made aware of the fact that any award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952 to 1966. A ceiling of €600.00 applies. I accept that the Complainant’s job was made redundant, and I accept that the Complainant was entitled to be paid redundancy pursuant to the Redundancy Payments Acts 1967-2014. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 CA-00044387-001 – I allow the Complainant’s appeal against the failure of his employer to pay a redundancy based on the following information:
The employment started: 25th of March 2019 The employment ended: 1st April 2021 Gross weekly wage : €615.00
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Dated: 24th June 2022
Workplace Relations Commission Adjudication Officer: Penelope McGrath
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