Complainant

Respondent

Parties

Ramutis  Ravinis

GL West Cork Motors Ltd.

Representatives

  Self-represented

 No appearance

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00049514-001

04/04/2022

The Complainant commenced employment with the Respondent on 25/02/2013.

During his employment, the Complainant earned an average weekly salary of €462.00 per week. The Complainant’s employment was terminated on 28/01/2022.

On 04/04/2022, the Complainant referred the present complaint to the Commission. Herein, he alleged that while his former employer made his role redundant, he received no statutory redundancy payment.

A hearing in relation to this matter was convened for, and finalised on, 01/06/2023.

The Complainant represented himself. An interpreter was provided by the WRC.

The Complainant commenced employment with the Respondent on 25/02/2013.

During his employment, the Complainant worked 40 hours per week and earned an average weekly salary of €462.00 per week.

The Complainant’s employment was terminated on 28/01/2022 on the grounds of redundancy, with no notice, when the Respondent business closed suddenly. However, the Complainant did not receive a redundancy payment.

No appearance was entered by or on behalf of the Respondent.  

I am satisfied that the Respondent was properly on notice of the hearing.

s. 7(2)a of the Redundancy Payments Acts lists the following situation as a valid ground for redundancy:

“…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 places where the employee was so employed.”

This section clearly describes what has occurred in this instance – the Complainant’s employer ceased to carry on business effectively making his role redundant. Having regard to the foregoing, and the wording of the Redundancy Payments Acts, I allow the Complainant’s appeal.

Based on the evidence of the parties, I allow the Complainant’s appeal under Clause 7.2 (a) and I award him redundancy on the following basis.  

Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.”

Therefore, subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof) plus a week on the following basis:

Date of Commencement: 25/02/2013

Date of Reckonable Service for Redundancy Payment Ceasing on: 28/01/2022

Gross Weekly Wage: €462.00

The Complainant’s period of “reckonable service” is defined by Schedule 3 of the Act and does not include any period of absence from work due to lay off by the employer.

Redundancy;