ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049245
Parties:
| Complainant | Respondent |
Parties | Michael Daly | Patrick Gilsenan , trading as Call - A- Car |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Geraldine Duffy NCUCIS Monaghan Citizens Information Centre | In person |
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-00060509-001 | 13/12/2023 |
Date of Adjudication Hearing: 27/03/2024
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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.
Background:
This is a redundancy complaint brought by the Complainant following the termination of employment due to the closure of the Respondent’s taxi business. |
Summary of Complainant’s Case:
The Complainant gave evidence under affirmation as follows: He commenced work with the Respondent’s taxi business on 1.3.2005 His employment ended without notice on 4.8.2023 after the Respondent business ceased operating. He has not received any redundancy payment. His gross weekly pay was €600.00 |
Summary of Respondent’s Case:
The Respondent gave evidence under affirmation as follows: In July 2023 he found that he was no longer able to run his business and he closed the business on 31 July 2023 upon which date the Complainant’s employment ended. The Respondent accepts that the Complainant was made redundant on 4.8.2023. The Respondent states that regrettably he is unable to make a redundancy payment to the Complainant. He acknowledges the service that the Complainant gave to his business and respectfully requests that the Complainant’s redundancy entitlement, which he accepts is due and owing, be discharged under the Insolvency Payment Scheme. |
Findings and Conclusions:
Based on the uncontested evidence of the Complainant, which was given under affirmation, I am satisfied that a redundancy situation existed on 31 July 2023 and that at the time of the Adjudication hearing on 27 March 2024 that no redundancy payment had been made to the Complainant. I find that the Complainant is entitled to a redundancy payment based on having had continuous insurable employment (under the Social Welfare Acts) for the duration of the below employment period and based on the following facts: Commencement date: 1.3.2005 End of Employment: 4.8.2023 Gross weekly pay: € 600.00 I note that the Respondent has cooperated fully with this investigation but is not in a financial position to pay redundancy to the Complainant at the present time. |
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.
This complaint is well-founded, and the Complainant is entitled to a redundancy payment based on the following information: Complainant’s Employment Commencement date: 1.3.2005 End date of Complainant’s employment: 4.8.2023 Complainant’s Gross weekly pay: € 600.00 The Respondent is not able to discharge this redundancy payment to the Complainant at this time. |
Dated: 4th of April 2024
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Redundancy – uncontested. |