ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047438
Parties:
| Complainant | Respondent |
Parties | Dermot O Neill | Darrell Hodgson t/a Hodgson Transport |
Representatives | Self Represented | Darrell Hodgson |
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-00058491-001 | 24/08/2023 |
Date of Adjudication Hearing: 05/12/2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 was administered to witnesses. The legal perils of committing perjury were advised to the Parties.
Background:
The Complainant was seeking payment of statutory redundancy when the Company he worked for ceased operations. |
Summary of Complainant’s Case:
The Complainant was employed as a Van Driver from 9/10/2006 to 18/8/2023. He worked for 40 hours a week and earned 500 Euros per week on average. The Complainant was told that the business was no longer viable and was notified of his redundancy by the Owner on 21/7/2023. He advised the Owner could not pay the statutory redundancy and he went to the Citizens Advice Centre and was advised he should make a claim to the WRC and Social Welfare for his redundancy payment. The Complainant is seeking payment of the statutory redundancy due. |
Summary of Respondent’s Case:
The Respondent attended the Hearing and advised that the Complainants employment ceased due to the Covid and the higher cost of fuel. He advised he had funded the Complainants employment for a period out of his own resources and he now had combined overdrafts of over 20k due to the business and he could not afford to pay the redundancy due and had no savings to make the payment. The Respondents Accountant submitted a statement to say the Respondent had ceased trading and did not have the funds to pay the statutory redundancy payment and confirmed the Complainant was made redundant. |
Findings:
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. Based on the uncontested evidence of the Complainant I allow the Complainants appeal and I award him statutory 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; October 9th 2006 Date of Reckonable Service for Redundancy Payment Ceasing on: August 8th 2023 Gross Weekly Wage: 500 Euros The Complainants 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. |
Decision
I allow the Complainants appeal. |
Dated: 13th December 2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy |