ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00041226
Parties:
| Complainant | Respondent |
Parties | Martin Carroll | Buddy Platform (Europe) Limited. (In Liquidation) |
| Complainant | Respondent |
Representatives | Self-represented. | Did not attend. |
Complaint(s):
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-00052407-001 | 25/08/2022 |
Date of Adjudication Hearing: 13/03/2023
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
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. I explained the changes arising from the judgment of the Supreme Court in Zalewski v. Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 on 6 April 2021. The parties proceeded in the knowledge that hearings are to be conducted in public, decisions issuing from the WRC will disclose the parties’ identities and sworn evidence may be required.
I gave the parties an opportunity to be heard, to present evidence relevant to the complaints and to cross examine witnesses.
The complainant gave evidence under affirmation.
The respondent did not attend.
Background:
The complainant has submitted a complaint under the Redundancy Payments Acts 1967 -2014, seeking a redundancy payment in accordance with section 7 of the Acts. The complainant commenced employment on 04/01/2018 with the respondent as General Manager in the respondent’s energy management company which specializes in ‘smart’ lighting solutions. He transferred into the role of Chief Revenue Officer in March 2022 and remained in that role until the respondent made him redundant on 5/8/2022. His gross weekly salary was €3157. He submitted his complaint to the WRC on 25/8/2022. |
Summary of Complainant’s Case:
The complainant is seeking a redundancy payment in accordance with section 7 of the Acts. The complainant gave evidence under affirmation. The company went into examinership in April 2022 and into liquidation in August 2022. The respondent Irish Director notified the complainant of his redundancy on 5/8/2022 with immediate effect. All employees were made redundant. The company ceased to trade. The complainant sent the requisite RP 77 to the respondent Irish Director but got no response. The complainant states that there are no funds available to pay the redundancy monies. |
Summary of Respondent’s Case:
The respondent did not attend though informed of the time and date of the hearing, nor did they send a representative. |
Findings and Conclusions:
Given the failure of the respondent to acknowledge the complainant’s entitlement to a redundancy payment, I am obliged to establish his entitlement to same. Relevant Law. Section 7(2) of the Redundancy Payments Act 1967 provides that an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the 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) N/A. (e) N/A. “ Based on the uncontested evidence, I find that the complainant’s employment was terminated as a result of redundancy. Based on the uncontested evidence, I find that the respondent failed to pay the complainant redundancy monies in accordance with section 7 of the Act of 1967-2014. I find that the complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payments Acts 1967 -2014, in accordance with the following details and subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period: Date of commencement of employment: 4/1/2018 Date of termination of employment: 5/8/2022 Gross weekly pay: €3157 (subject to a ceiling of €600) |
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 decide that the complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payments Acts 1967 -2014, in accordance with the following details: Date of commencement of employment: 4/1/2018 Date of termination of employment: 5/8/2022 Gross weekly pay: €3157 (subject to a ceiling of €600) This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 25th of January 2024
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
Key Words:
Entitlement to redundancy payments. |