CORRECTION ORDER
ISSUED PURSUANT TO SECTION 88 OF THE EMPLOYMENT EQUALITY ACT, 1998
This Order corrects the original Decision 00039690 issued on 04/01/2023 and should be read in conjunction with that Decision.
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039690
Parties:
| Complainant | Respondent |
Parties | Hugh Ryan | Roadbridge Limited |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Tom Kelly James O'Brien & Co. 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-00051031-001 | 07/06/2022 |
Date of Adjudication Hearing: 04/11/2022
Workplace Relations Commission Adjudication Officer: Roger McGrath
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.
The matter was heard by way of remote hearing on 4 November 2022, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated 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 Complainant was informed in advance that the Hearing would be in Public, that testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The required Affirmation was administered to the Complainant. The legal perils of committing Perjury were explained to the Complainant.
Background:
The Complainant commenced employment with the Respondent on 13 April 1989. His employment with the Respondent ended on 5 February 2022. The Complainant believes the company has ceased trading.
|
Summary of Complainant’s Case:
The complainant gave evidence under Affirmation. The Complainant stated that he had commenced employment with the Respondent on 13 April 1989 and that he had worked continuously with the Respondent since then. He was mostly lately employed as a senior foreman. He found out about the termination of his employment over the phone. He believes a Receiver was appointed to the Respondent in March 2022. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. A copy letter of notification of the hearing date addressed to the Respondent was on file. |
Findings and Conclusions:
I find the Complainant is entitled to an award under the Act. |
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.
The claim under the Redundancy Payments Acts 1967 to 2007 is allowed and the Complainant is awarded a statutory lump sum under those Acts, and based on the following: Date of Commencement; 13 April 1989 Date of Termination; 5 February 2022 Gross Weekly; €1,250.00 Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts. |
Dated: 4th January 2023
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Redundancy |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039690
Parties:
| Complainant | Respondent |
Parties | Hugh Ryan | Roadbridge Holdings Limited |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Tom Kelly James O'Brien & Co. 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-00051031-001 | 07/06/2022 |
Date of Adjudication Hearing: 04/11/2022
Workplace Relations Commission Adjudication Officer: Roger McGrath
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.
The matter was heard by way of remote hearing on 4 November 2022, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated 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 Complainant was informed in advance that the Hearing would be in Public, that testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The required Affirmation was administered to the Complainant. The legal perils of committing Perjury were explained to the Complainant.
Background:
The Complainant commenced employment with the Respondent on 13 April 1989. His employment with the Respondent ended on 5 February 2022. The Complainant believes the company has ceased trading.
|
Summary of Complainant’s Case:
The complainant gave evidence under Affirmation. The Complainant stated that he had commenced employment with the Respondent on 13 April 1989 and that he had worked continuously with the Respondent since then. He was mostly lately employed as a senior foreman. He found out about the termination of his employment over the phone. He believes a Receiver was appointed to the Respondent in March 2022. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. A copy letter of notification of the hearing date addressed to the Respondent was on file. |
Findings and Conclusions:
I find the Complainant is entitled to an award under the Act. |
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.
The claim under the Redundancy Payments Acts 1967 to 2007 is allowed and the Complainant is awarded a statutory lump sum under those Acts, and based on the following: Date of Commencement; 13 April 1989 Date of Termination; 5 February 2022 Gross Weekly; €1,250.00 Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts. |
Dated: 04-01-2023
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Redundancy |