CORRECTION ORDER
ISSUED PURSUANT TO SECTION 39 OF THE ORGANISATION ACT 1997
This Order corrects the original Decision ADJ-00049848 issued on 12/08/2024 and should be read in conjunction with that Decision.
Adjudication Reference: ADJ-00049848
Parties:
| Complainant | Respondent |
Parties | Anne Gleeson | Donal Bermingham Rathfarnham Post Office |
| Complainant | Respondent |
Parties | Anne Gleeson | Donal Bermingham Rathfarnham Post Office (Deceased Employer) |
Representatives | Anne Gleeson | Deceased’s Accountant |
Complaint(s):
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-00061210-001 | 25/01/2024 |
Date of Adjudication Hearing: 17/05/2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014
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. The Complainant was requested to provide proof of commencement date and salary which was received on the 24th of June 2024.
Background:
The Respondent’s Employer died suddenly. He was the postmaster, and she was employed by him on a part-time basis. The Post Office was closed on the death of Mr. Birmingham the deceased Employer and on or about the 24th of November 2023 her employment was terminated arising from the closure of the Post Office.
The Complainant has provided an independent record of relevant employment details relevant for calculating statutory redundancy entitlement, from Revenue and received on the 24th of June 2024 confirming the following:
· Her employment commenced on the 5th of March 2008 · Her employment was terminated on the 24th of November 2023 · Her gross earnings for 47 insurable weeks in 2023 was €9089.80 · Her gross weekly wage was €193.40
I am satisfied that the complainant is entitled to a redundancy pursuant to the Redundancy Payments Act 1967 as amended based on the following facts: 1. Start date 5th of March 2008 2. Termination date 24th November 2023 3. Gross weekly wage €193.40 |
Summary of Complainant’s Case:
The Complainant’s employment was terminated arising from the tragic and sudden death of her employer. |
Summary of Respondent’s Case:
The Respondent is deceased. |
Findings and Conclusions:
An Employee is made redundant where her employer is deceased. The termination date is the date when the Post Office was closed and for the purpose of this decision the details as provided on the Revenue Statement are applied. Section 32 of the Act provides that: Other payments to employees from Redundancy Fund. 32.—(1) When an employee claims that an employer is liable to pay to him a lump sum under section 19 and that— (c) the employer has died and neither probate of his will has, nor letters of administration in respect of his estate have, been granted, and the whole or part of the lump sum remains unpaid, the employee may apply to the Minister for a payment under this section. (2) If on an application under this section the Minister is satisfied that an employee is entitled to a lump sum under section 19 which remains unpaid either in whole or in part, the Minister shall pay to the employee out of the [Social Insurance Fund] so much of the lump sum as remains unpaid. I note that section 21 states: Implied or constructive termination of contract. 21.—(1) Where, in accordance with any enactment or rule of law, any act on the part of an employer or any event affecting an employer (including, in the case of an individual, his death) operates so as to terminate a contract under which an employee is employed by him, that act or event shall for the purposes of this Act be treated as a termination of the contract by the employer, if apart from this subsection, it would not constitute a termination of the contract by him. (2) Where— (a) subsection (1) applies, (b) the employee’s contract of employment is not renewed, and (c) he is not re-engaged under a new contract, as provided by section 9 (2), he shall for the purposes of this Act be taken to be dismissed by reason of redundancy if the circumstances in which the contract is not renewed and he is not re-engaged (as provided by the said section 9 (2)) are wholly or mainly attributable to a fact specified in F50[section 7 (2) Pursuant to section 21 the termination of the contract arising from the death of her employer shall for the purposes of the Act be taken to be dismissed by reason of redundancy. |
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 am satisfied that the complainant is entitled to a redundancy pursuant to the Redundancy Payments Act 1967 as amended based on the following facts: 1. Start date 5th of March 2008 2. Termination date 24th of November 2023 3. Gross weekly wage €193.40 Pursuant to section 21 the termination of the contract arising from the death of her employer shall for the purposes of the Act be taken to be dismissed by reason of redundancy |
Dated: 12-08-2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
Deceased- Redundancy |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049848
Parties:
| Complainant | Respondent |
Parties | Anne Gleeson | Donal Bermingham Rathfarnham Post Office |
| Complainant | Respondent |
Parties | Anne Gleeson | Donal Bermingham Rathfarnham Post Office (Deceased Employer) |
Representatives | Anne Gleeson | Deceased’s Accountant |
Complaint(s):
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-00061210-001 | 25/01/2024 |
Date of Adjudication Hearing: 17/05/2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014
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. The Complainant was requested to provide proof of commencement date and salary which was received on the 24th of June 2024.
Background:
The Respondent’s Employer died suddenly. He was the postmaster, and she was employed by him on a part-time basis. The Post Office was closed on the death of Mr. Gleeson the deceased Employer and on or about the 24th of November 2023 her employment was terminated arising from the closure of the Post Office.
The Complainant has provided an independent record of relevant employment details relevant for calculating statutory redundancy entitlement, from Revenue and received on the 24th of June 2024 confirming the following:
· Her employment commenced on the 5th of March 2008 · Her employment was terminated on the 24th of March 2023 · Her gross earning for 47 insurable weeks in 2023 was €9089.80 · Her gross weekly wage was €193.40
I am satisfied that the complainant is entitled to a redundancy pursuant to the Redundancy Payments Act 1967 as amended based on the following facts: 1. Start date 5th of March 2008 2. Termination date 24th of March 2023 3. Gross weekly wage €193.40 |
Summary of Complainant’s Case:
The Complainant’s employment was terminated arising from the tragic and sudden death of her employer. |
Summary of Respondent’s Case:
The Respondent is deceased. |
Findings and Conclusions:
An Employee is made redundant where her employer is deceased. The termination date is the date when the Post Office was closed and for the purpose of this decision the details as provided on the Revenue Statement are applied. Section 32 of the Act provides that: Other payments to employees from Redundancy Fund. 32.—(1) When an employee claims that an employer is liable to pay to him a lump sum under section 19 and that— (c) the employer has died and neither probate of his will has, nor letters of administration in respect of his estate have, been granted, and the whole or part of the lump sum remains unpaid, the employee may apply to the Minister for a payment under this section. (2) If on an application under this section the Minister is satisfied that an employee is entitled to a lump sum under section 19 which remains unpaid either in whole or in part, the Minister shall pay to the employee out of the [Social Insurance Fund] so much of the lump sum as remains unpaid. I note that section 21 states: Implied or constructive termination of contract. 21.—(1) Where, in accordance with any enactment or rule of law, any act on the part of an employer or any event affecting an employer (including, in the case of an individual, his death) operates so as to terminate a contract under which an employee is employed by him, that act or event shall for the purposes of this Act be treated as a termination of the contract by the employer, if apart from this subsection, it would not constitute a termination of the contract by him. (2) Where— (a) subsection (1) applies, (b) the employee’s contract of employment is not renewed, and (c) he is not re-engaged under a new contract, as provided by section 9 (2), he shall for the purposes of this Act be taken to be dismissed by reason of redundancy if the circumstances in which the contract is not renewed and he is not re-engaged (as provided by the said section 9 (2)) are wholly or mainly attributable to a fact specified in F50[section 7 (2) Pursuant to section 21 the termination of the contract arising from the death of her employer shall for the purposes of the Act be taken to be dismissed by reason of redundancy. |
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 am satisfied that the complainant is entitled to a redundancy pursuant to the Redundancy Payments Act 1967 as amended based on the following facts: 1. Start date 5th of March 2008 2. Termination date 24th of March 2023 3. Gross weekly wage €193.40 Pursuant to section 21 the termination of the contract arising from the death of her employer shall for the purposes of the Act be taken to be dismissed by reason of redundancy |
Dated: 12-08-2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
Deceased- Redundancy |