ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00036425

Parties:

Complaint:

Date of Adjudication Hearing:  16/07/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967following 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.

Background:

The Complainant claims entitlement to a statutory lump sum payment arising from the termination of his employment.  The claim was received by WRC on 09/12/2021.

Summary of Complainant’s Case:

The Complainant confirmed that he was employed as a Driver for the Respondent from 13 October 2014 to 27 March 2020.  He was laid off by the employer.  He attempted to have his redundancy lump sum paid on 3 October 2020.  He received an email on 16 November 2021 stating that it was being dealt with.  He did not submit his claim until December 2021 due to Covid restrictions and the hold on redundancy claims put in place by the Government.  He seeks an extension of time and the payment of the lump sum.

Summary of Respondent’s Case:

On behalf of the Respondent, it was stated that the claim for redundancy is not disputed, but there is a problem in the company with cash flow and it is submitted there is an inability to pay.

Findings and Conclusions:

The Complainant’s employment ended on 27 March 2020.  The claim for redundancy was received on 9 December 2021.   A Complainant normally has 52 weeks in which to refer the right to a redundancy payment to the WRC.  However, Section 24 (2A) provides:

“24(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”

In the matter of extending a complaint time for reasonable cause, the Labour Court in Cementation Skanska v Carroll, DWT 38/2003 stated as follows:

“It is the Court's view that in considering if reasonable cause exists, it is for the claimant to show that there are reasons which both explain the delay and afford an excuse for the delay”.

In this instant case, I accept the Complainant’s reason that Covid restrictions and the hold on redundancy claims at that time explains the delay and affords an excuse for the delay and I agree that the complaint is in time per Section 24 (2A).

I find that the Complainant is entitled to a statutory redundancy lump sum payment under the Redundancy Payments Act 1967.

Decision:

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.

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

Date of Commencement:     13 October 2014

Date of Termination:            27 March 2020

Gross Weekly Pay:                   €464

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

Dated:   17th of July 2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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