Complainant

Respondent

Parties

Robert  Cahill

Estate of Joe Nee (Deceased)

Representatives

  Self-Represented

 Not represented

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-00057575-001

06/07/2023

The Complainant was employed as a Plumber from May 2019 to February 2023 when unfortunately the Owner of the business died (who was a Sole Trader). The Owners wife ceased operations immediately and the Complainant never received his statutory redundancy entitlement.

The Complainant was employed as a Plumber from May 5th 2019  to February 28th 2023.

He worked for 39 hours a week and earned 864 Euros per week on average.

The Respondent became terminally ill and subsequently died mid February 2023 and his wife notified staff that they were ceasing operations as the business was no longer viable. The Complainants employment was terminated and he never was paid his statutory redundancy.   He made a few attempts to contact the Owners wife regarding his redundancy entitlement but she was not able to be contacted and he believes she may have left the country.

The Complainant is seeking payment of the statutory redundancy due.

A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on July 6th 2023 alleging that his former employer contravened the provisions of the Redundancy Payments Acts 1967 in relation to him. The said complaint was referred to me for investigation. A Hearing for that purpose was held on November 10th 2023. There was no appearance by or on behalf of the Estate of the Respondent at the Hearing. I am satisfied that the WRC made very reasonable efforts to contact a member of the Respondents estate (his wife) in writing of the date, time and place at which the Hearing to investigate the complaint would be held and a Representative of the Respondents estate was not present at the Hearing.

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; May 5th 2019.

Date of Reckonable Service for Redundancy Payment Ceasing on: February 28th 2023.

Gross Weekly Wage: 864 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.

Redundancy