ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037096
Parties:
| Complainant | Respondent |
Parties | Gerard Hewitt | Hugh Blair t/a Hugh Blair Building Services |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | In person | In person |
Complaint:
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-00048431-001 | 01/02/2022 |
Date of Adjudication Hearing: 01/09/2022
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 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.
A complainant must be able to show a minimum two years (104 weeks) of service in the employment.
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 has given rise to the failure to apply and the Adjudication Officer so finds (double check).
Background:
The Complainant is seeking payment of Statutory Redundancy and processed his claim by way of workplace relations complaint form dated the 1st of February 2022.
|
Summary of Complainant’s Case:
The Complainant attended in person and gave sworn evidence. |
Summary of Respondent’s Case:
The Respondent appeared in person and did not contradict the Complainant’s entitlement to a Statutory Redundancy payment. His evidence was heard on Oath. |
Findings and Conclusions:
The Complainant is a plumber and commenced employment with the Respondent on the 1st of November 1997. The Complainant worked a three-day week at a rate of €150.00 per day gross. I am informed that all PRSI, USC and Tax deductions were made as appropriate. It is noted that the Complainant availed of PUP in March of 2020. Section12 A of the Redundancy Payments Acts 1967 was inserted by the Emergency Measures in the Public Interest (Covid-19) Act 2020. This temporarily suspended Section 12 of the 1967 Act in respect of an employee who has been laid off or kept on short time due to the effects of measures required to be taken by his or her employer in order to comply with government policy in respect of Covid 19. Such an employee is not entitled to give notice of his/her intention to claim redundancy during the redundancy period. This applied up from March 2020 to September 2021. As things started to open up post-Covid, it became apparent that the Respondent’s client base had dwindled. The parties agreed that the Complainant’s position was redundant, and the Complainant was made Redundant on the 1st of April 2022. The parties had prepared the RP50 form though same does not appear to have been submitted. In the circumstances, I am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence: The employment started: 1st of November 1997 The employment ended: 1st of April 2022 Gross weekly wage : €450.00 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. |
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-00048431-001 - the Complainant is entitled to a Redundancy payment based on the following information: The employment started: 1st of November 1997 The employment ended: 1st of April 2022 Gross weekly wage : €450.00 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. |
Dated: 09/09/2022
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words:
|