ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048752
Parties:
| Complainant | Respondent |
Parties | Conor McGrath | Health And Sport Technologies Ltd |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
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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-00059858-001 | 07/11/2023 |
Date of Adjudication Hearing: 27/02/2024
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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, that testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The required Affirmation / Oath was administered to all witnesses. The legal perils of committing Perjury were explained to all parties. Full cross examination of witnesses was allowed.
The matter was heard by way of remote hearing on 27 February 2024, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
Background:
The Complainant commenced employment with the Respondent on 18 October 2011 as a software developer. He worked 37.50 hours per week and was paid €590 gross per week. His employment with the Respondent ended on 31 December 2022.
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Summary of Complainant’s Case:
The Complainant submits that he did not receive any redundancy payment form the Respondent. He applied for a redundancy payment from his employer in May 2023, using form RP77. The Complainant gave evidence on affirmation at the hearing. The Complainant stated that his employment ceased in December 2022. He had been paid monthly, the last month for which he was paid was December 2022. The Complainant said he was told by the Respondent that the investors were pulling out of the company and there was no money to pay wages. He was not given notice in writing but was told that things were not going well. The Complainant explained that his delay in sending a complaint to the WRC was because the Respondent was trying to sort things out by getting new investors, so he gave some time for this to happen. The Complainant stated that he has not worked since his employment ended with the Respondent.
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Summary of Respondent’s Case:
The CEO of the Respondent company, Mr Peter Larkin, gave evidence on affirmation at the hearing. Mr Larkin agreed with the summary of the situation given by the Complainant. The company has no money. He is trying to sell the company, which is “probably insolvent.” The company has no other employees, and he is not being paid. |
Findings and Conclusions:
I find the Respondent is unable to pay statutory redundancy entitlements due to financial difficulties or insolvency. In that case I find that the Complainant is entitled to avail of the Redundancy Payments Scheme. |
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.
Accordingly, the claim under the Redundancy Payments Acts 1967 to 2007 is allowed and the Complainant is awarded a statutory lump sum under those Acts, and based on the following: Date of Commencement; 18 October 2011. Date of Termination; 31 December 2022. Gross weekly pay; €590.00. The award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 19th April 2024
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Redundancy, inability to pay |