ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00037912

Parties:

	Complainant	Respondent
Parties	Matthew Martin	Abco Marine Ltd

Representatives

Self-represented

No appearance

Complaints:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00049274-001	22/03/2022
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00049274-002	22/03/2022
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00049274-003	22/03/2022
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00049274-004	22/03/2022
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00049274-005	22/03/2022
Complaint seeking adjudication by the Workplace Relations Commission under Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984.	CA-00049274-006	22/03/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00054395-001	09/01/2023

Date of Adjudication Hearing: 17/04/2023

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 – 2014 and Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. All evidence was heard under oath or affirmation. The parties were given an opportunity to cross-examine.

Background:

The Complainant submits that he worked for the Respondent company from 16/09/2015 until 11/02/2022. His most recent title was ‘Assistant Bargeman.’

The Respondent business ceased trading and the Complainant received no redundancy payment.

The Complainant submits that he is also owed outstanding wages, notice pay and unpaid expenses.

Summary of Complainant’s Case:

The Complainant gave evidence on his own behalf at the hearing.

The Complainant worked for the Respondent company for many years and the Respondent company unexpectedly went out of business.

The Complainant submits that he is owed outstanding wages and, further that he received no notice pay. He submits that the amount of €6,600 is due and owing, under the Payment of Wages Act complaint. He further submits that he is owed substantial outstanding expenses by his employer.

He further submits that he received no redundancy payment.

The Complainant also submitted an undated letter from Mr. John McGill on behalf of Abco Marine Ireland, setting out as follows:

“As you are aware, ABCO Marine Ltd. entered administration on the 4th February 2022. ABCO Marine Ireland owns ABCO Marine Ltd. and has cross company guarantees. As a result of this, ABCO Marine Ireland ceased trading on this date and regrettably all of the employees were made redundant on this date.

The administrator has advised there are no available funds for any redundancy payments, holidays or payment in lieu of notice period for any employees or any payment from the end of January to the beginning of February. We advise that you should progress Statutory Redundancy process if applicable.”

The letter then contained a hyperlink to the Citizen’s Information website’s information on unemployment and redundancy.

Summary of Respondent’s Case:

No appearance was entered by or on behalf of the Respondent.

Findings and Conclusions:

s. 7(2)a of the Redundancy Payments Acts lists the following situation as a valid ground for redundancy:

“…the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the places where the employee was so employed.”

This section clearly describes what has occurred in this instance – the Complainant’s employer ceased to carry on business, making his role redundant. Having regard to the foregoing, and the wording of the Redundancy Payments Acts, I allow the Complainant’s appeal.

I find that the Complainant’s complaint in respect of loss of wages is also well-founded. There is a specific exclusion under s. 5 of the Payment of Wages Act 1991, in respect of expenses – I therefore do not have the jurisdiction to make any award in relation to that aspect of the claim.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

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.

Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9 of that Act.

CA-00049274-001 - Based on the evidence of the parties, I allow the Complainant’s appeal under Clause 7.2 (a) and I award him 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: 16/09/2015

Date of Reckonable Service for Redundancy Payment Ceasing on: 04/02/2022

Gross Weekly Wage: This figure is capped at the maximum figure of €600 as his weekly wage exceeded that sum.

The Complainant’s 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.

CA-00049274-002 – I find that this complaint is not well-founded as it is a duplicate complaint.

CA-00049274-003 - I find that this complaint is not well-founded as it is a duplicate complaint.

CA-00049274-004 - I find that this complaint is not well-founded as it is a duplicate complaint.

CA-00049274-005 - I find that this complaint is not well-founded as it is a duplicate complaint.

CA-00049274-006 – The Insolvency Payments Scheme operates under the Protection of Employees (Employers Insolvency) Act 1984. It is administered by the Department of Social Protection. The scheme is relevant in cases of liquidation, receivership, employer’s death or declared bankruptcy. There is no evidence before me that any application was made pursuant to Section 6 of the Protection of Employees (Employers’ Insolvency) Act, 1984. Consequently, I have no jurisdiction. I find that this claim is not well-founded.

CA-00054395-001 – I find that this complaint is well-founded and I direct the Respondent to pay the Complainant €6,600 within 42 days of this decision.

Dated: 5th October 2023

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Key Words:

Redundancy; Payment of Wages; Expenses;