ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051186
Parties:
| Complainant | Respondent |
Parties | Pheilim Casey | Teltrans Ltd |
Representatives | In Person | David Murphy FCCA, DJM Accountants |
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-00062824-001 | 15/04/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00062824-002 | 15/04/2024 |
Date of Adjudication Hearing: 25/06/2024 (a remote hearing)
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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.
Background:
These complaints are for Redundancy and Minimum Notice, following the end of the Complainant’s employment in February 2024, when the Respondent ceased trading. |
Summary of Complainant’s Case:
Under affirmation the Complainant gave the following evidence: 1. He commenced employment for the Respondent as a driver on 30 April 2021 2. He received notice that his employment would be ending on 31 January 2024. 3. His employment ended on 2 February 2024. 4. His weekly gross salary was €801.31. 5. He has not been paid either minimum notice or redundancy. 6. A duplicate complaint of minimum notice (Adj 51922) was withdrawn by the Complainant at the Adjudication hearing on 25 July 2024
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Summary of Respondent’s Case:
On behalf of the Respondent both complaints are conceded. However, the Respondent ceased trading on 2 February 2024 and is not now in a financial position to be able to pay the Complainant his statutory entitlements of Redundancy or Minimum Notice. The Respondent seeks to rely on the Insolvency fund. |
Findings and Conclusions:
Amendment of name of Respondent At the Adjudication hearing on 2 July 2024 the parties agreed that the name of the Respondent Employer was Teltrans Ltd and that Mr. Trevor Ennis Lennon, against whom the complaint was originally brought, was the managing director of the Employer. With the consent of the parties, applying section 39 of the Organisation of Working Time Act 1997, I amended the complaint to amend the name of the Respondent from Mr. Trevor Ennis Lennon/ Teltrans Ltd to Teltrans Ltd. Findings Based on the uncontested evidence of the Complainant, given under affirmation, I am satisfied that the Complainant was entitled to minimum notice and that a redundancy situation existed and that as of the date of the Adjudication hearing that he had not been paid either a redundancy payment or payment for minimum notice.
Minimum Notice CA-00062824-002 I find that the Complainant is entitled to minimum notice pay of 2 weeks gross salary (€801.31 x2 = €1602.62) based on a continuous employment for a period of in excess of two years. Award: €1602.62 Redundancy CA-00062824-001 I find that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of his employment and based on the following facts: Commencement date: 30 .4.2021 End of Employment: 2.2.2024 Gross weekly pay: € 801.31 The statutory ceiling of €600 is applicable in this case.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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.
Minimum Notice Complaint CA-00062824-002 This complaint is well founded. I award the Complainant €1602.62.
Redundancy CA-00062824-001 This complaint is well founded. The Complainant is entitled to a Redundancy payment based on the following facts: Commencement date: 30.4.2021 End of Employment: 2.2.2024 Gross weekly pay: € 801.31 The statutory ceiling of €600 is applicable in this case.
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Dated: 26th June 2024.
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Minimum Notice - Redundancy |