ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00041501
Parties:
| Complainant | Respondent |
Parties | Gerard Farrell | Maherus Ltd |
Representatives | Self-Represented | Not present |
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-00052479-001 | 30/08/2022 |
Date of Adjudication Hearing: 06/09/2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance Section 39 of the Redundancy Payments Acts 1967 - 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The Hearing too place completely in public and the required Affirmation / Oath was administered to all witnesses. The legal perils of committing Perjury were explained to all parties.
Background:
The Complainant was not paid statutory redundancy due to the Respondent going into liquidation. |
Summary of Complainant’s Case:
The Complainant was employed as a Sales Assistant from February 4th 2012 until his employment ceased on March 16th 2022 due to the closure of the business. The Complainant was not paid redundancy due to the Respondent going into liquidation. |
Summary of Respondent’s Case:
The Respondent was notified of the Hearing and advised he had received correspondence regarding the complaint and the date of the Hearing. He advised that while he had been asked to attend an adjudication Hearing on Sept. 6th 2023, as the company is liquidated he have no role in Maherus Ltd, that Maherus Ltd has not traded since Jan 2022 and the company was liquidated in Dec 2022 by Fitzpatrick O'Dwyer Accountants, Limerick. The Respondent requested all correspondence be sent to the appointed Liquidator but that he was available to assist the Complainant, if required. |
Findings and Conclusions:
Based on the uncontested evidence of the Complainant I award him statutory redundancy on the following basis; The Complainants employment was terminated due to the Company ceasing operations in March 2022. The Complainant did not receive any redundancy payment. 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, I find that the complaint is well founded and 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; 4/2/2012 Date of Reckonable Service for Redundancy Payment Ceasing on: 16/3/2022 Gross Weekly Wage: 350 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. |
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 allow the Complainants appeal. (CA-00052479-001) |
Dated: 18/September/2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy |