ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00049402

Parties:

	Complainant	Respondent
Parties	Patrrick Farrell	Yankee Clipper Holdings Ltd t/a Town Hotel

	Complainant	Respondent
Representatives	Self-Represented	Mr Cannon

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-00060663-001	15/12/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00060663-002	15/12/2023

Date of Adjudication Hearing: 26/04/2024

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

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 Oath or Affirmation was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.

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 issue in contention was the alleged failure of the Respondent to pay Statutory Redundancy to the Complainant and to declare that they were financially unable to pay Redundancy -Statement of Affairs.

The employment began on a date in 1999 and ended on the 1st April 2024.

The rate of pay was stated to have been €280 for a 24-hour week.

The Complainant was Night Porter in the Hotel.

The business of the Hotel had changed. The Hotel was now a Government Refugee facility.

At the date of the Hearing the Respondent Representative stated that a part payment of the Redundancy had been made and would be discharged in full once Government funding to the Hotel was released.

A pro forma Redundancy Decision was required.

1: Summary of Complainant’s Case:

1:1 CA- 00060663-001 Statutory Redundancy

Statutory Redundancy was due for the period from 1999 to April 2024.

1:2 CA: -00060663-002 Statement of Affairs.

A Statement of Affairs was required to establish any inability to pay claim.

2: Summary of Respondent’s Case:

2:1 CA- 00060663-001 & 00060663-002

Liability was conceded and the Redundancy would be paid in full once Government funds were released to the Hotel. A part Payment had already been made to the Complainant.

3: Findings and Conclusions:

On the basis of the Written and Oral Testimony provided under Oath/Affirmation, Statutory Redundancy is due to the Complainant.

The exact date of the commencement of the employment in 1999 was unclear to both Parties and will have to be examined by reference to Department of Social Protection records.

However, Statutory Redundancy from 1999 to the 1st April 2023 is due to the Complainant.

The rate of pay was stated to have been €280 Gross for a 24-hour week.

As the Respondent has committed to payment and has already made a part payment a Statement of Affairs under the Redundancy Payments Act,1967 is not required.

4: Decision:

Section 41 of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.

4:1 CA - 00060663-001 Statutory Redundancy

Statutory Redundancy is due to the Complainant for the period from (date to be clarified by Dept of Social Protection as part of exact claim amount determination process) in 1999 to 1st April 2023.

The rate of pay was stated to have been €280 gross for a 24-hour week.

4:2 CA: -00060663-002 Statement of Affairs.

This complaint is technically Not Well Founded as the Respondent has already partially paid the Redundancy amount and undertaken to pay the balance.

Dated: 19-06-2024

Workplace Relations Commission Adjudication Officer: Michael McEntee

Key Words:

Statutory Redundancy, Statement of Affairs.