Complainant

Respondent

Parties

Ms Jennifer Byrne

Dublin Car Care Limited

Complainant

Respondent

Anonymised Parties

Representatives

  Self-Represented

The Respondent did not attend the hearing.  

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-00059302-001

07/10/2023

This matter came before the WRC dated 07/10/2023 as a complaint submitted under section 39 of the Redundancy Payments Act, 1967. 

The aforesaid complaint was referred to me for investigation.  A hearing for that purpose was scheduled to take place on 09/02/2024. 

The Complainant at all material times was employed by the Respondent in a general administrative capacity.  The Respondent is a car valeting company.  The Complainant commenced her employment in the Respondent company on 01/01/2002.  Her employment ended on 09/03/2023.  The Complainant worked a 35-hour week for which she was paid €415.31 gross weekly. 

This complaint seeking statutory redundancy arises in circumstances where the Complainant’s employment was terminated, and she has neither received payment of a statutory lump sum nor confirmation of a return to her former role.  The Complainant seeks statutory redundancy in circumstances where her employment ended on 09/03/2023 and she has processed her claim to the WRC on 07/10/2023. 

Having waited a reasonable period of the time on the day, there was no appearance by or on behalf of the Respondent. 

Direct evidence of Complainant on oath

The Complainant states the Respondent has been non-contactable since end January 2023. 

The Complainant states she has made numerous attempts to contact the Respondent and the accountant has also tried and failed to contact him. 

On 30 January the Complainant wrote to the Respondent at his home address as follows:

“After trying to contact you several times to no avail I now write to you regarding my employment with Dublin Car Care Limited.

As I have mentioned to you on several occasions, I have heard that you will be ceasing your contract with Motor Distributors in the coming weeks.

Due to your lack of communication regarding my employment status it leaves me to think that I will be redundant.  Can I ask you to make contact on [mobile phone number] or [email address] to discuss my employment, if applicable my redundancy package.  I am more than happy to meet with you in person if that would work better for you.

Thank you.

Kind regards

Jennifer Bryne”

There was no response from the Respondent and the Complainant believes he has left the country and is in Dubai.  The Complainant received her last pay / salary on week ending 09/03/3023. 

There was no appearance by or on behalf of the Respondent at the hearing.  I note the Respondent has not engaged with the WRC or filed any written submissions or documentation.  In the circumstances no evidence has been proffered on behalf of the Respondent. 

CA-00059302-001

The Relevant Law:

This complaint is for a statutory lump sum payment under section 39 of the Redundancy Payments Acts, 1967-2014.  The Acts, related legislation and Regulations made thereunder require that in order to qualify for a statutory redundancy payment, an employee must -

(1)   have at least 2 years’ continuous service;

(2)   be in employment which is insurable under the Social Welfare Acts;

(3)   be over the age of 16;

(4)   have been made redundant as a result of a genuine redundancy situation and/or if on lay-off or short-time, have complied with any statutory notice requirements; and

(5)   not have received a lump sum payment. 

Section 7(2) of the Redundancy Payments Act, 1967 states:

For the purposes of subsection (1), an employee who is dismissed shall be taken to be dismissed byreason of redundancy if for one or more reasons not related to the employee concernedthe dismissal is attributable wholly or mainly to—

(a) 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, or

(b) the fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish, or

(c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise, or

(d) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, or

(e) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained…

Having heard the evidence, I am satisfied the Complainant’s situation is in compliance with section 2(a) above.  The business has ceased trading and to carry on business in the place where the Complainant was employed, and her work has ceased.  I am satisfied the Complainant is entitled to a redundancy payment pursuant to the Redundancy Payments Acts, 1967-2014.  I am satisfied that the Respondent has not paid any monies to the Complainant in respect of her redundancy at the date of hearing. 

In circumstances where the Respondent has ceased to carry on business where the Complainant was employed, I find a redundancy situation applies and I find the claim for a redundancy payment to be well-founded.  The Complainant is entitled to a redundancy payment based on the following facts established in evidence:

Commencement date:  01/01/2002

End of employment:  09/03/2023

Gross weekly pay:  €415.31

The Complainant was made aware of the fact than any award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952-1966.  The calculation of gross weekly pay is subject to a ceiling of €600.00.  The calculation of the lump sum is a matter for the relevant department. 

For the sake of completeness, I have decided to include the Complainant’s claim for minimum notice of the termination of her employment with her complaint under the Redundancy Payments Act as set out by the Complainant in the narrative of her WRC complaint form.  The WRC complaint form is not a statutory form.  If a complaint is contained within the narrative of the complaint form, it is properly before me for inquiry.  Section 41(5)(a) of the Workplace Relations Act, 2015 confers a statutory obligation on an Adjudication Officer to whom a complaint is referred to inquire into the complaint and to make a decision in relation to the complaint.  The Complainant submits she received no notice whatsoever regarding redundancy and no notice regarding the ending of her employment from the Respondent for whom she had worked for 21 years. 

Section 4 and in particular section 4(2)(e) of the Minimum Notice & Terms of Employment Act, 1973 (as amended) provides that an employee with more than 15 years of service is entitled to eight weeks’ notice of the termination of their employment.  The Complainant had worked for the Respondent for 21 years.  When her employment ended on 09/03/2023 she was entitled to pay in lieu of eight weeks’ notice. 

CA-00059302-001

I allow the Complainant’s appeal against the failure of her employer to pay a redundancy.  I decide the within complaint is well-founded and I decide the Complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payment Act, 1967 based on the following criteria:

Commencement date:  01/01/2002

End of employment:    09/03/2023

Gross weekly pay:  €415.31

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

I decide that the Complainant is entitled to eight weeks’ statutory notice of the termination of her employment, and, in this regard, I direct the Respondent to pay the Complainant the sum of €3,322.48 gross equivalent to eight week’s pay. 

No show respondent; business closure; minimum notice;