Complainant

Respondent

Parties

Richard  Harford

G4s Secure Solutions (Ire) Limited

Representatives

Vivian Cullen, SIPTU-Trade Union

Did not attend.

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-00046279-001

17/09/2021

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00046279-002

17/09/2021

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00046279-003

17/09/2021

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00046279-005

17/09/2021

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00046279-006

17/09/2021

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00046279-007

17/09/2021

The Complainant commenced employment with the Respondent on 11th October 2011. Employment ended on 21st May 2021; at that time the Complainant was employed as a Service Manager.

This complaint was received by the Workplace Relations Commission on 17th September 2021.

The Complainant has submitted seven complaints to the Workplace Relations Commission for adjudication. These are as follows:

CA – 00046279 – 001 – complaint submitted under section 39 of the Redundancy Payments Act, 1967.

The Complainant has been working for the Respondent for 11 years. On commencement of employment he was a security officer and later promoted to the site security supervisor. In total he spent 7 years on that particular site. At this time the Complainant was paid €40k basic plus €6k performance bonus and was driving a fully expensed company van which he could use for his own personal use in addition to company business.

In January 2020 the Complainant took up a position in the Respondent’s head office. His title became Service Manager and his salary remained at €40k plus €6k bonus plus the use of a company van.

In June 2020 the complainant was asked to manage a major contract. This contract was based in three separate locations. He remained in this position until March 2021 when the Respondent company lost this major contract. The Complainant was offered a night managers position in the IFSC which he accepted under protest however his terms and conditions of employment were changed with the loss of the €6,000 per annum bonus and the company vehicle.

At a meeting with the Respondent’s country manager on 1st March 2021 it was confirmed by the country manager that the new position in IFSC would be on the same terms and conditions that he had in the Amazon contract.

At two separate meetings with company management, 10th and 13th May 2021 the Complainant asked to be made redundant due to the fact that his position had disappeared and no longer existed. The Complainant was told this was not possible. At the meeting on 13th May 2021 the Complainant was informed that “the budget would not allow for this”.

The Complainant handed in his notice of resignation on 21st May 2021 and finished with the company on 25th May 2021.

CA – 00046279 – 002 –  complaint submitted under section 6 of the Payment of Wages Act, 1991.

As part of his Terms and Conditions of Employment the Complainant received a bonus of €6,000 per annum paid quarterly i.e., he received €1,500 per quarter. The amount due to be paid for quarter 1 of 2021 was withheld from the Complainant. The Complainant contends that he had an entitlement to this payment.

CA – 00046279 – 003 – complaint submitted under section 8 of the Unfair Dismissals Act, 1977.

The Complainant contends that he was constructively dismissed from his position.

Constructive Dismissal derives from Section 1 of the Unfair Dismissals Act, 1977 which defines “dismissal”, in relation to an employee, means-

(b) the termination by the employee of his contract of employment with his employer, whether prior notice was or not given to the employer, in circumstances in which, because of the conduct of the employer, the employee was or would have been entitled, or it was or would have been reasonable for the employee, to terminate the contract of employment without giving prior notice of the termination to the employer.

CA – 00046279 – 004 – complaint submitted under section 13 of the Industrial Relations Act, 1969.

The Complainant contends that he has raised a grievance with his employer to update his contract of employment and this took place over several months but unfortunately the Respondent failed to address the matter. The Complainant states that he had worked long hours and a lot of unsociable hours. Just prior to his resignation the employer had issued the complainant with new Terms and Conditions that was a demotion, a reduction in pay of €6,000 per year plus the removal of a company vehicle and fuel card. The Respondent had initially informed the Complainant that when he moved to a new contract his terms and conditions would not change however by letter received by the Complainant on 26th March 2021 this was not to be the case.

Such treatment of the Complainant by the Respondent has caused the Complainant much anxiety and has led to him being absent from work suffering from work related stress.

CA – 00046279 – 005 – complaint submitted under section 12 of the Minimum Notice & Terms of Employment Act, 1973.

The Complainant contends that his employer has not asked him to work minimum notice or paid him in lieu of same.

CA – 00046279 – 006 – a complaint submitted under section 27 of the Organisation of Working Time Act, 1997.

This complaint was withdrawn at hearing.

CA – 00046279 – 007 - a complaint submitted under section 27 of the Organisation of Working Time Act, 1997.

This complaint was withdrawn at hearing.

The Respondent did not attend the scheduled hearing of the complaint.

I am satisfied that notice of the hearing was sent to the Respondent by registered post dated 18th November 2022. Proof of delivery of such notice was sent to the Respondent.

CA – 00046279 – 001 – complaint submitted under section 39 of the Redundancy Payments Act, 1967.

The definition of redundancy in Ireland is set out in the Redundancy Payments Act, 1967 and amended by the Redundancy Payments Act 1971 and 2003.

An employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to –

a)      the fact that his employer has ceased, or intends to cease, to carry on the business for the purpose of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed, or

b)      the fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish, or

c)       the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise, or

d)      the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained , or

e)       the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained.

In the instant case I believe that points (a) and (b) apply.

I believe the job being carried out by the Complainant became redundant when the Respondent lost the the major contract. Any alternative offered to the Complainant was not suitable in as much as it entailed a switch from daytime working to night-time working and also a substantial reduction in salary. This is not suitable alternative employment.

The Complainant’s position became redundant when the Respondent lost the major contract. The Complainant has an entitlement under the Redundancy Payments Act, 1967 and I now order the Respondent to make this statutory payment to him within 42 days from the date of this decision.

CA – 00046279 – 002 – complaint submitted under section 6 of the Payment of Wages Act, 1991.

As part of his Terms and Conditions of Employment the Complainant received a bonus of €6,000 per annum paid quarterly i.e., he received €1,500 per quarter. The amount due to be paid for quarter 1 of 2021 was withheld from the Complainant.

I believe the payment of €1,500 was properly payable to the Complainant and now order the Respondent to make such a payment to him within 42 days from the date of this decision.

CA – 00046279 – 003 – complaint submitted under section 8 of the Unfair Dismissals Act, 1977.

I have already decided that this is a redundancy situation. I therefore must decide that the complaint submitted under section 8 of the Unfair Dismissals Act,1977 is not well founded.

CA – 00046279 – 004 – complaint submitted under section 13 of the Industrial Relations Act, 1969.

I believe this complaint is a duplicate of CA – 00046279 -003 and therefore make no recommendation.

CA – 00046279 – 005 – complaint submitted under section 12 of the Minimum Notice & Terms of Employment Act, 1973.

The Complainant contends that his employer has not asked him to work minimum notice or paid him in lieu of same.

The employment came to an end when the Complainant resigned. There is no question of payment in lieu of notice.

This complaint is not well founded.

CA – 00046279 – 006 – a complaint submitted under section 27 of the Organisation of Working Time Act, 1997.

This complaint was withdrawn at hearing.

CA – 00046279 – 007 - a complaint submitted under section 27 of the Organisation of Working Time Act, 1997.

This complaint was withdrawn at hearing.

Please see above.