ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045089
Parties:
| Complainant | Respondent |
Parties | Lisa Gregg | Joe Guinan And Son Limited |
Representatives | Conor O’Gorman |
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Complaint:
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-00055839-001 | 31/03/2023 |
Date of Adjudication Hearing: 22/09/2023
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
Pursuant to Section 39 of the Redundancy Payment Act of 1967 (as amended) it is directed that the manner of hearing prescribed in Section 41 of the Workplace Relations Act of 2015 shall apply to any question, dispute, complaint or appeal referred to the Director General under the Redundancy Payments Acts of 1967 – 2014.
I have accordingly been directed by the Director General of the Adjudication services, to hear the within complaint and I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the Complainant and have taken account of the evidence tendered in the course of the hearing.
Under the Redundancy Payments Acts, an eligible employee who is found to be redundant is entitled to a statutory redundancy payment for every year of service (per Section 7 of the Redundancy Payment Act of 1967). The Acts provide for a payment of two weeks gross pay for each year of service. A further bonus week is added to this. An eligible employee is one with 104 weeks of continuous employment with an employer and whose position has ceased to exist. The calculation of Gross weekly pay is subject to a ceiling of €600.00. Gross pay is the current normal weekly pay including average regular overtime and benefits-in-kind and before tax and PRSI deductions. A Redundancy payment is generally tax free.
A complainant must be able to show a minimum two years (104 weeks) of service in the employment.
Responsibility to pay Statutory Redundancy rests with the Employer. Where an employer can prove to the satisfaction of the Department of Employment Affairs and Social Protection that it is unable to pay Statutory Redundancy to an eligible applicant, the Department will make payments directly to that employee and may seek to recover as against the Employer independently. Such claims must be submitted on form RP50 which may be signed by both employer and employee (to be accompanied with a Statement of Affairs).
In the event that an Employer refuses to engage with an employee in this way, it is open to the employee to bring an appropriate complaint before the Workplace Relations Commission.
The Employee must have made a claim for a redundancy payment by notice and in writing before the expiration of 52 weeks form the date of the cessation of the employment per section 24 of the Redundancy Payments Act 1967 (as amended). The time limit may be extended to 104 weeks where the employee can demonstrate to the satisfaction of the Adjudication Officer that the failure to bring the claim in the earlier time period was due to reasonable cause (24(2A)).
Background:
This hearing was conducted in person in the Workplace Relations Commission situate in Lansdowne Road, Dublin. In line with the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021] IESC 24 (delivered on the 6th of April 2021) the hearing was conducted in recognition of the fact that the proceedings constitute the administration of Justice. It was therefore open to members of the public to attend this hearing. The Specific Details of the complaint are outlined in the Workplace Relations Complaint Form which was received by the WRC on the 31st of March 2023. In line with the Workplace Relations (Miscellaneous Provisions) Act, 2021 which came into effecton the 29th of July 2021 and where there is the potential for a serious and direct conflict in the evidence between the parties to a complaint, it is open to me to require that all parties giving oral evidence before me, would swear an or make an affirmation as may be appropriate. In the interests of progressing this matter, I confirm that I have in the circumstances administered the said Affirmation as appropriate. It is noted that the giving of false statements or evidence is an offence.
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Summary of Complainant’s Case:
The Complainant was fully represented. At the outset, the Complainant was happy to make an Affirmation to tell the truth and thereafter gave an account of her complaint against her former Employer. The Complainant additionally relied on the submission outlined in the Workplace Relations Complaint Form. The Complainant alleges that she is entitled to a redundancy payment in circumstances where her place of employment was closed after seven years of employment. Where I deemed it necessary, I made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties as prescribed by Statute.
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Summary of Respondent’s Case:
The Respondent did not attend. I am satisfied that the Respondent was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 31st of July 2023 - and sent to the registered address. The Respondent company continues to be an active entity operating from that address. |
Findings and Conclusions:
The Complainant worked in a public house owned by the Respondent entity and known as J.K. Stoutmans. The employment commenced in August of 2016 and came to an abrupt halt on the 30th of September 2022. The Complainant produced payslips confirming the fact of employment, the name of the employer and which showed deductions made in the course of the employment which included tax and PRSI. The Complainant had understood her Employer would make the relevant payment of Statutory Redundancy, but this has not been forthcoming. The Complainant has therefore been obliged to come to the WRC seeking her Statutory entitlement. Based on the evidence before me I am satisfied that the complainant was in employment with the Respondent company from the 3rd of August 2016 to the 30th of September 2022 and that the employment terminated by reason of Redundancy on the 30th of September 2022. I find therefore that the complaint under the Redundancy Payments Acts, 1967 – 2012 is well-founded and that the complainant is entitled to a redundancy payment based on the following criteria: Date of Commencement: 3rd of August 2016 Date of Termination: 30th of September 2022 Gross Weekly Pay: €560.00 This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 CA-00055839-001 The complaint under the Redundancy Payments Acts, 1967 – 2012 is well-founded and that the complainant is entitled to a redundancy payment based on the following criteria: Date of Commencement: 3rd of August 2016 Date of Termination: 30th of September 2022 Gross Weekly Pay: €560.00 This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 10th October 2023
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Key Words:
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