ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046818
Parties:
| Complainant | Respondent |
Parties | James Kilroy | Mbc Products (Ireland) Ltd t/a Mbc Project |
| Complainant | Respondent |
Representatives | Self-Represented | No Appearance or Correspondence. (Now believed to have ceased trading at the Complainant’s place of employment.) |
Complaint:
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-00057654-001 | 12/07/2023 |
Date of Adjudication Hearing: 21/11/2023
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury were explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered but not deemed necessary.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Background:
The complaint concerns the payment of Statutory Redundancy to the Complainant. The employment began on the 26th February 2020 and ended by Redundancy on the 19th April 2023.
The Complainant was a Sales Manager.
The rate of pay was stated to be €855.52 Gross for a 40-hour week.
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1: Summary of Complainant’s Case:
The Complainant accepted that he had been made Redundant on or about the 19th April 2023. The Employer/Respondent accepted, in copy correspondence exhibited to the Hearing, that Redundancy was due. Forms RP9 and RP77 had been completed. At the date of the Hearing the Respondent Employer had not communicated with the Complainant in regard to discharging the Redundancy. |
2: Summary of Respondent’s Case:
The Respondent did not appear at the Hearing. Copy correspondence with the Complainant was exhibited. It appeared, from the correspondence, that the Respondent had agreed to the Redundancy although in the absence of direct evidence or testimony this had to be taken on the balance of probabilities. |
3: Findings and Conclusions:
The Respondent did not appear but from correspondence exhibited by the Complainant it appeared that Redundancy was agreed. Accordingly, I direct that Statutory Redundancy for the period from the 26th February 2020 to the 19th April 2023 be paid to the Complainant. The rate of pay was stated to be €885.42 Gross for a 40-hour week. From the Complainant testimony there were no breaks in service |
4: Decision:
CA: 00057654-001
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
Under Section 39 of the Redundancy Payments Acts 1967 – 2012 I direct that Statutory Redundancy for the period from the 26th February 2020 to the 19th April 2023 be paid to the Complainant.
The stated rate of pay from the Complainant was €885.42 Gross for a 40-hour week. From the Complainant Testimony there were no breaks in service
Dated: 24th of January 2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy, Non-Appearance of Employer. |