Complainant

Respondent

Parties

Lorcan  McGuinness

Tony Carton (Deceased) T/A Round Tower Plant Hire Ltd

Complainant

Respondent

Anonymised Parties

{text}

{text}

Representatives

  Self-Represented

 Non-attendance

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-00059493-001

19/10/2023

The hearing took place in Lansdowne House and was attended by the complainant and a support person.  No oath or affirmation was administered as the evidence was not in contention.

The respondent company is listed as currently trading (as at the date of hearing) on the Companies Registration Office website.

The complainant submitted that his employment came to an end after the company principal died.  The company principal died on 21 April 2021 and on 7 May 2021 the company accountants informed his that he had to find an alternative employment status.  The complainant then registered as self-employed.

The complainant stated that the issue of his redundancy payment was tied up in the administration of the deceased persons estate.  The complainant received a letter dated 16 October 2023 stating that the complex matters of the estate had now been resolved.

The complainant has not received any redundancy payment from the company nor any redundancy certificate.

The was no attendance at the hearing on the part of the respondent.

Section 24 of the Redundancy Payments Act, 1967 deals with time limits on claims for a redundancy payment and states as follows:

24.—Notwithstanding any other provision of this Act, an employee shall not be entitled to a lump sum unless before the end of the period of 52 weeks beginning on the date of dismissal or the date of termination of employment—

(a) the payment has been agreed and paid, or

(b) the employee has made a claim for the payment by notice in writing given to the employer, or

(c) a question as to the right of the employee to the payment, or as to the amount of the payment, has been referred to the Director General under section 39.

(2) Notwithstanding any provision of this Act, an employee shall not be entitled to a weekly payment unless he has become entitled to a lump sum.

(2A) Where an employee who fails to make a claim for a lump sum within the period of 52 weeks mentioned in subsection (1) (as amended) makes such a claim before the end of the period of 104 weeks beginning on the date of dismissal or the date of termination of employment, the adjudication officer, if he is satisfied] that the employee would have been entitled to the lump sum and that the failure was due to a reasonable cause, may declare the employee to be entitled to the lump sum and the employee shall thereupon become so entitled.

(3) Notwithstanding subsection (2A), where an employee establishes to the satisfaction of the Director General—

(a) that failure to make a claim for a lump sum before the end of the period of 104 weeks mentioned in that subsection was caused by his ignorance of the identity of his employer or employers or by his ignorance of a change of employer involving his dismissal and engagement under a contract with another employer, and

(b) that such ignorance arose out of or was contributed to by a breach of a statutory duty to give the employee either notice of his proposed dismissal or a redundancy certificate,

the period of 104 weeks shall commence from such date as the Director General at his discretion considers reasonable having regard to all the circumstances.

The complainant stated that the issue of his redundancy payment was tied up in the administration of the deceased persons estate.  The complainant received a letter dated 16 October 2023 stating that the complex matters of the estate had now been resolved.  The complainant has not received any redundancy payment from the company nor any redundancy certificate.

Having regard to the foregoing, I am satisfied that it is reasonable to consider that the statutory period of 104 weeks commenced with the receipt of the letter regarding the resolution of the matter of the deceased persons estate on 16 October 2023.

The complainant gave evidence of having been employed with the respondent since 25 September 1979. Having regard to the foregoing, and to the evidence provided by the complaint, I am satisfied that his employment came to an end by way of redundancy in accordance with the Act.

I find that the complainant has established an entitlement to a redundancy payment in accordance with the Act and accordingly, I find favour of the worker in the appeal of the employer’s decision to deny him redundancy.

Having considered all the relevant information provided by the complainant, I am satisfied that the complainant has established that he is entitled to a redundancy payment in accordance with the Acts.  My decision is to allow the complainant’s appeal against the decision of the employer.

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 have decided that the complainant is entitled to a statutory redundancy payment based on the following criteria:

Date of Commencement: 26 September 1979

Date of Termination: 07 May 2021

Gross Weekly Pay: €825.62

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

Redundancy Payments Act – time limits – redundancy entitlement established