Complainant

Respondent

Parties

John  Broderick

Business Mobile Security Services Ltd

Complainant

Respondent

Anonymised Parties

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Representatives

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-00044422-001

28/05/2021

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

CA-00044422-002

28/05/2021

The hearing was conducted remotely in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.

The Complaint Form was submitted on 28 May 2021 to the Workplace Relations Commission.

The Complainant appeared with his son. Documentation was submitted by the Complainant.

There was no appearance by or on behalf of the Respondent or the Liquidator.

It was the Complainant’s case that he commenced employment on 20 September 2005 with Allied Security Network Ltd which was subsequently subject to a transfer of undertaking by Business Mobile Security Service Ltd in 2010. It was understood the employer was in liquidation and a Liquidator appointed. He stated his last day of work was 22 July 2019 and there was no notice period.

The Complainant confirmed he awarded the redundancy sum of €8,613.97 in a letter from the Dept of Social Protection, dated 19 June 2020.  However, it is his claim that this sum does not account for the entire duration of his employment. A contract of employment with a commencement date of 31 July 2006 was presented by the Complainant along with payslips from a subsequent employment.

Having reviewed the file, there is correspondence from the Liquidator to the Workplace Relations Commission in relation to the complaints. There is written confirmation that the Liquidator or a representative of the Liquidator would be in attendance at the hearing as late as the evening before the hearing. However, after waiting a reasonable period of time there was no appearance by or on behalf of the Respondent.

On the basis there was no appearance by or on behalf of the Respondent and having reviewed the documentary evidence and oral testimony of the Complainant I find that both complaints are well founded.

I find the Complainant is entitled to redundancy payment pursuant to the Redundancy Payment Acts 1967 – 2012 on the following basis:

Start Date: 31 July 2006 (date of the contract of employment)

End Date: 22 July 2019

Termination Date: 16 September 2019 (eight weeks’ notice period)

Hours Worked Per Week: 39 Hours

Weekly Gross Wage: €442.65

This payment is subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. Furthermore, the sum of €8,613.97 has already been received by the Complainant and therefore, this must be subtracted from the total amount of the redundancy payment arrived at using the information above.

Redundancy