Complainant

Respondent

Parties

James  Ryan

Earthworks Profiling Limited

Representatives

North Munster Citizens Information Services

 Did not attend

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-00056695-001

16/05/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00056695-002

16/05/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00056695-003

16/05/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00056695-004

16/05/2023

The complainant commenced employment with the respondent on 1 August 2006 as a machine driver. He was employed on a full-time basis. The complainant states that prior to commencing sick leave on 14 January 2021, he worked an average of 40 hours receiving €588 per week.

The complainant commenced sick leave on 14 January 2021. He claimed illness benefit from the Department of Social Protection from this date until 15 January 2023. The complainant states that on 28 November, 2022 he received a letter from his employer notifying him that the company was due to cease trading and that his employment would terminate on 5 December 2022. Following receipt of the letter, the complainant made multiple attempts to contact his employer but was unsuccessful.

The complainant states that on 19 December 2022 he sent a text message to his employer requesting payment for annual leave and public holidays for the period of sick leave.

The complainant states that on 13 April 2023, further correspondence was issued to the employer via registered post requestinghis statutory entitlements and a copy of the an Post Track N’ Trace shows that the letter was delivered to the respondent.  

In summary, the complainant submitted that the employer has failed in his statutory duty to pay a redundancy lump sum payment to the complainant. The employer failed to pay the complainant for annual leave entitlements accrued. The complainant also states that the employer failed to provide the complainant with a written statement of his terms of employment and failed to pay him his minimum notice.  

The respondent did not attend the hearing.

CA-00056695-001 - Redundancy Payments Acts 1967

Based on the evidence heard, I find that the within claim under the Redundancy Payments Acts 1967 succeeds and is allowed and the complainant is entitled to a redundancy lump sum based on the following:

Date of Commencement:                          01/08/2006

Date of Termination:                                  05/12/2022

Gross Weekly Pay:                                       €588

This award is subject to the complainant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Acts.

CA-00056695-002 - Terms of Employment (Information) Act 1994

The complainant states that he did not receive a contract of employment. Based on the uncontested evidence of the complainant, I find that this complaint is well-founded. I order the respondent to pay the complainant 2 weeks remuneration in the amount of €1,176 in respect of said breach of the Act. 

CA-00056695-003 - Minimum Notice and Terms of Employment Act 1973

The complainant has been in the employment of the respondent for a period in excess of 15 years, the minimum notice that he is entitled to under the legislation is 8 weeks pay in lieu of notice.  Based on the evidence heard I find that this complaint is well founded. I order the respondent to pay the complainant his entitlement to 8 weeks’ pay in lieu of notice which equates to €4,704. 

CA-00056695-004 - Organisation of Working Time Act 1997

The complainant was out of work due to illness from 14 January 2021 until his employment was terminated on 28 November 2022. The complainant states that he was not compensated for the loss of his annual leave entitlement on cessation of employment. In this regard he states that he was not provided with his statutory entitlement to annual leave /holidays which accrued in the final fifteen months of his employment giving rise to his statutory entitlement of 25 days.  Based on the evidence heard, I find that this complaint is well founded, I order the respondent to pay the complainant his statutory entitlement to 25 days annual leave which equates to €2,940.

CA-00056695-001 – Redundancy Payments Acts 1967

I find that the within claim under the Redundancy Payments Acts 1967 succeeds and is allowed and the complainant is entitled to a redundancy lump sum based on the following:

Date of Commencement:                          01/08/2006

Date of Termination:                                  05/12/2022

Gross Weekly Pay:                                       €588

This award is subject to the complainant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Acts.

CA-00056695-002 - Terms of Employment (Information) Act 1994

I find that this complaint is well-founded. I order the respondent to pay the complainant 2 weeks remuneration in the amount of €1,176 in respect of said breach of the Act. 

CA-00056695-003 - Minimum Notice and Terms of Employment Act 1973

I find that this complaint is well founded. I order the respondent to pay the complainant his entitlement to 8 weeks pay in lieu of notice which equates to €4,704. 

CA-00056695-004 - Organisation of Working Time Act 1997

I find that this complaint is well founded, I order the respondent to pay the complainant his statutory entitlement to 25 days annual leave which equates to €2,940.

Redundancy Payments Act, Organisation of Working Time Act, Minimum Notice, contract of employment