Complainant

Respondent

Parties

Kevin  Murphy

Earthwork's Profiling Ltd

Representatives

  Self-represented

 No appearance

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-00053425-001

25/10/2022

The Complainant commenced employment on the 2/7/2018 as a steal fixer with the Respondent and received weekly remuneration in the sum of €640.  The Complainant was made redundant on the 25/2/2022. The Complainant was not paid his statutory redundancy payment.   

The WRC received the Complainant’s complaint under the Redundancy Payments Acts 1967-2014 on the 25/10/2022.

No appearance was made, or evidence adduced at the hearing by or on behalf of the Respondent.   

I note that the Respondent was notified of the date, time, and place of the hearing by way of the hearing letter dated 4/7/23 and letter of 5/7/23 advising that the Complainant had requested a remote hearing to take place on the 8/8/2023, all letters were sent by registered post. I am satisfied that the Respondent was properly notified of the date, time and place of the hearing and failed to attend. The Respondent has made no contact with the WRC since the hearing date.   

I proceeded to hear the case in the absence of the Respondent.

The Complainant stated in evidence that he commenced employment on the 2/7/2018 and did not receive a contract of employment. The Complainant stated that he was previously employed on an agency basis with the Respondent and was paid a weekly wage of €640 for 40 hours per week.  

The Complainant stated that he was told by the owner of the business Mr Collins on the 23/2/22 that there was no more work for him and that he would be finishing on the 25/2/22.  The Complainant stated that he did not get regular payslips and received payslips randomly such as once a year.  The Complainant was informed by Mr Collins that he wouldn’t receive a redundancy payment.   The Complainant sent the Respondent a RP77 form in April 2022, he did not receive a response and did not hear from the Respondent since his dismissal.  

The Complainant sent post hearing a letter on headed notepaper from the Respondent dated 18/5/20202 showing the address of the Respondent as that provided by the Complainant. The Complainant also sent post hearing copy bank statements relating to periods from August 2018 to April 2021 showing regular lodgements to his account from “Earthworks”.

The Complainant stated that to the best of his knowledge the Respondent retained two employees for a few months after his position was made redundant.

The Complainant confirmed that he worked on a continuous basis for the Respondent and did not receive a redundancy payment.   

The Respondent was notified of the date, time, and place of the hearing by way of the hearing letter dated 4/7/23 and letter of 5/7/23 advising that the Complainant had requested a remote hearing to take place on the 8/8/2023, both letters were sent by registered post.

No appearance was made, or evidence adduced at the hearing by or on behalf of the Respondent.

The Complainant submits that he is entitled to a statutory redundancy payment.

Section 7 (1) of the Redundancy Payments Acts 1967 – 2014 (the Acts) provides for a general right to a redundancy payment to an employee who is dismissed by reason of redundancy once various conditions are satisfied. 

Section 7(2)(c) of the Acts provides that the fact that the employer has decided to carry on the business with less employees is a valid ground for redundancy and provides as follows;

“ 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 “

Based on the uncontested evidence of the Complainant I am satisfied that the Respondent made the Complainant’s role redundant. Having regard to the foregoing, and the wording of Section 7 (2)(c) of the Acts, I allow the Complainant’s appeal.

Subject to the Complainant being in employment which was classified as insurable under the Social Welfare Acts, I am satisfied that the Complainant is entitled to a redundancy payment pursuant to the provisions of the Acts based on the following facts: 

•         Commencement date: 02/07/2018  

•         Cessation date: 25/02/2022

•         Gross weekly wage: €640

Based on the uncontested evidence of the Complainant in relation to the foregoing facts I allow the Complainant’s appeal. 

Redundancy – statutory redundancy payment -