ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039892
Parties:
| Complainant | Respondent |
Parties | Ricardo Guglielminotti | The Parnell GAA Club |
| Complainant | Respondent |
Representatives | Self-represented | Did not attend |
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-00051416-001 | 30/06/2022 |
Date of Adjudication Hearing: 06/03/2023
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following 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. I explained the changes arising from the judgment of the Supreme Court in Zalewski v. Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 on 6 April 2021. The parties proceeded in the knowledge that hearings are to be conducted in public, decisions issuing from the WRC will disclose the parties’ identities and sworn evidence may be required.
I gave the parties an opportunity to be heard, to present evidence relevant to the complaints and to cross examine witnesses.
The complainant gave evidence under affirmation.
The respondent did not attend.
Background:
The complainant has submitted a complaint under the Redundancy Payments Acts 1967 -2014., The complainant was employed by the respondent as a security guard in the respondent’s sports and leisure premises from 15/5/2015 until 23/7/2021 when the respondent told the complainant that the club would not be reopening. He worked on average 10 hours a week for which he was paid €15 an hour. He submitted his complaint to the WRC on 30/6/2022.
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Summary of Complainant’s Case:
Complaint under Section 39 of the Redundancy Payments Acts, 1967-2014. Evidence of the complainant. The complainant was employed by the respondent to provide security services for the respondent’s sports ground, bar and hospitality amenities from May 2015 to July 2021. He provided security for events organised by the club. In March 2020, with the arrival of the Covid-19 pandemic, the facility was closed. The respondent and the complainant understood that the closure would be temporary. Over the following months he enquired repeatedly about a reopening date. Finally, on 23/7 2021 the respondent advised the complainant that the hospitality, bar section and club would be closing and that his employment was terminated. He requested the respondent to pay his redundancy entitlements on several occasions, but the respondent did not pay the lump sum, or any sum owed to him her as required by section 19 of the Act of 1967 as amended. He sent a Redundancy Payment RP9 form to the club secretary on 31/5/21. The club told him that they were awaiting information from Revenue, and he heard nothing further. He was paid directly by the club and submitted pay slips in evidence. He asks the adjudicator to uphold his complaint.
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Summary of Respondent’s Case:
The respondent though notified of the hearing neither attended nor was represented. The respondent club secretary requested a postponement on the 1/3/2023. The WRC replied on the same day and advised her to attend at the hearing on 6/3/2020 and present reasons to the adjudicator as to why the postponement should be granted. She was advised that the adjudicator had the power to grant a postponement. In possession of this information the respondent advised that they would not attend the hearing. The respondent chose not to attend. The hearing proceeded on the 6/3/23. |
Findings and Conclusions:
Relevant Law. Section 7(2) of the Redundancy Payments Act 1967 provides that 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 purposes 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) N/A. (e) N/A. “ Based on the uncontested evidence, I find that the complainant’s employment was terminated as aa result of redundancy. Based on the uncontested evidence, I find that the respondent failed to pay the complainant redundancy monies in accordance with section 7 of the Act of 1967-2014. I find that the complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payments Acts 1967 -2014, in accordance with the following details: Date of commencement of employment: 15/5/2015 Date of termination of employment: 23/7/2021 Gross weekly pay: €150 |
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.
I find that the complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payments Acts 1967 -2014, in accordance with the following details:
Date of commencement of employment: 15/5/2015 Date of termination of employment: 23/7/2021
Gross weekly pay: €150 This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 7th of September 2023.
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
Key Words:
Entitlement to redundancy payment. |