Complainant

Respondent

Parties

Jon Herbert

O'Callaghan Transport Limited (amended at the hearing on consent)

Representatives

Michael O'Sullivan

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-00063491-001

15/05/2024

The Complainant appeared at the hearing in person and swore an Affirmation. No documentary evidence was received.

Mr. O’Sullivan appeared on behalf of the Respondent with Mr. Gerard O’Callaghan and Mr. David O’Callaghan, both company directors. Both witnesses for the Respondent gave evidence on Affirmation. Submissions and documentary evidence were lodged and referred to at the hearing.

Mr. O’Callaghan confirmed the correct name of the Respondent, and it was amended accordingly.

Both parties were given an opportunity to present their evidence and cross-examine.

The jurisdiction of the Workplace Relations Commission is limited only to the complaint lodged by the Complainant in his Complaint Form of 5 May 2024, i.e. he did not receive a redundancy payment. Any other complaints or evidence given outside of this complaint have not been considered for the purposes of this decision.

It was the Complainant’s case that he received notification of redundancy from the Respondent in January or February 2024. Communication was also received from the Department of Social Protection following this notification.

It was his evidence that due to family circumstances, from the beginning of March 2024, he was unable to work past 6 am. He communicated this to his employer and was told this was not possible.

The Complainant gave evidence that he was not notified that his position was being made redundant by the Respondent nor was he offered redundancy. He gave evidence that he worked up until 7 April 2024, the date he resigned via email to Mr David and Gerard O’Callaghan and followed up by text message.

It was his evidence that he was offered three alternative truck runs on 11 April 2024, which were contrary to his contract of employment.

Mr Gerard O’Callaghan gave evidence of the prior shift pattern worked by the Complainant. He explained that due to a downturn in work, the Respondent entered into a 30-day consultation period with employees. Fortunately, the Respondent secured new contracts with clients, which resulted in no redundancies taking place.

It was his evidence that the Complainant resigned via email from his employment on 7 April 2024, and three alternative offers of employment were made on 11 April 2024. By reply, the Complainant refused those three offers of employment.

Mr David O’Callaghan confirmed that the job was not made redundant as there was work available to this day.

I find that the Complainant voluntarily resigned from his position on 7 April 2024 and was not made redundant. There is no entitlement to a redundancy payment in these circumstances.

Consequently, the Complainant does not meet the requirement to be dismissed by way of redundancy by his employer as a general right to redundancy pursuant to Section 7 of the Redundancy Payments Act 1967.

Therefore, the appeal is disallowed.

The appeal is disallowed.

Redundancy – Resignation – No entitlement to Redundancy