Complainant

Respondent

Parties

Szymon  Kaluga

O'Toole Logistics Ltd

Complainant

Respondent

Anonymised Parties

Representatives

Self-Represented

No Appearance

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-00058960-001

21/09/2023

The Complainant commenced employment with the Respondent on 1st October 2016. The Complainant was permanent, full-time member of staff, in receipt of an average weekly payment of €839.76. The Complainant’s employment was terminated on the grounds of redundancy on 1st April 2023.

On 21st September 2023, the Complainant referred the present complaint to the Commission. Herein, he alleged that the Respondent had not fully discharged his statutory redundancy.

A hearing in relation to the same was convened for, and finalised on, 24th May 2024. There was no appearance by or on behalf of the Respondent at the hearing as scheduled. In the weeks following the hearing, the Respondent stated that they had inadvertently missed the hearing, and requested that the same be relisted. Given that the notice of hearing was correctly issued to the Respondent, this request was denied. In light of the foregoing, the matter will be considered on the basis of the Complainant’s evidence only.

No issues as to my jurisdiction to hear the complaint were raised at any stage of the proceedings.

In evidence, the Complainant stated that he was employed by the Respondent for a period of approximately six and a half years. He stated that towards the end of his employment, a director of the Respondent approached him and advised that they had lost the contract on which he was employed. While the Respondent indicated that he was entitled to statutory redundancy, he only received a payment of €4,000 in respect of the same, well below his statutory entitlement. When he queried the same, he was informed that the remainder would be issued in due course. This payment had not been received by the date of the hearing.  

The Respondent did not attend the hearing as scheduled. Having reviewed the file, it is apparent that the Respondent was informed of the time, date and venue of the hearing. In such circumstances, and given that no application to adjourn the hearing was received prior to the same, the matter proceeded in their absence.

Section 7(2)a of the Redundancy Payments Acts lists the following situation as a valid ground for redundancy;

“…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”.

This section clearly describes what has occurred in this instance- the Complainant’s employer ceased to carry on business, effectively making his role redundant. Having regard to the foregoing, and the wording of the Redundancy Payments Acts, I allow the Complainant’s appeal.

I find in favour of the Complainant and allow the Complainant’s appeal.

In the circumstances the Complainant is entitled to a statutory redundancy payment based on the following information.

Date of Commencement:              1st October 2016

Date of Termination:                     1st April 2023

Average Weekly Wage:                 €839.76

For the avoidance of doubt, it is noted that €4,000 of the Complainant’s statutory entitlement has been paid.

Non-attendance, Redundancy