ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00031222
Parties:
| Complainant | Respondent |
Parties | Michael Naughton | Kentz Management Ltd |
Representatives | Self-Represented | Eversheds Sutherland Solicitors |
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-00040700-001 | 30/10/2020 |
Date of Adjudication Hearing: 06/09/2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
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. In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The Hearing too place completely in public and the required Affirmation / Oath was administered to all witnesses. The legal perils of committing Perjury were explained to all parties. Full cross examination of Witnesses was allowed but was not availed of.
Background:
The Complainant was employed as a Senior Director Financial Controls and Reporting from23/9/1996 to 18/9/2019 when he was made redundant due to a reduction in business and made a complaint under the Act that other employees had received an additional ex gratia payment when made redundant and he did not receive an ex gratia redundancy payment. The Respondent denied any employee had received an ex-gratia redundancy payment since 2017 and that stated that the Respondent had fulfilled its obligations under the Act and submitted that the Adjudicator therefore had no jurisdiction to enquire any further into the complaint.
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Findings and Conclusions:
The Payment of statutory redundancy lump sum by an employer is governed by Section 19 (1)of the Redundancy Payments Acts and under schedule 3 entitles a redundant employee to two weeks’ pay per year of service (or part thereof) plus a week (subject to a maximum of 600 Euros per week). “19.—(1) Upon the dismissal by reason of redundancy of an employee who is entitled under this Part to redundancy payment, F47[or where by virtue of section 12 an employee becomes entitled to redundancy payment], his employer shall pay to him an amount which is referred to in this Act as the lump sum. (2) Schedule 3 shall apply in relation to the lump sum. (3) The Minister may by order amend Schedule 3.” The Complainant confirmed in evidence that he had received this entitlement and therefore the Adjudicator has no further jurisdiction on the complaint. |
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.
I disallow the appeal. |
Dated: 16th September 2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy payment |