ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050288
Parties:
| Complainant | Respondent |
Parties | Vincent O’Brien | Timothy McSweeney T/A McSweeney Distribution & Logistics Limited |
Representatives | Self-represented | Did not attend |
Complaint:
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-00061776-001 | 23/02/2024 |
Date of Adjudication Hearing: 24/04/2024
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
In accordance with Section 39 of the Redundancy Payments Acts 1967 as amended 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.
At the adjudication hearing, the Complainant was advised that, in accordance with the Workplace Relations (Miscellaneous Provisions) Act 2021, hearings before the Workplace Relations Commission are now held in public and, in most cases, decisions are no longer anonymised. The parties are named in the heading of the decision. For ease of reference, the generic terms of Complainant and Respondent are used throughout the text.
The Complainant was also advised that the Workplace Relations (Miscellaneous Provisions) Act 2021 grants Adjudication Officers the power to administer an oath or affirmation. As there was no attendance by, or on behalf of, the Respondent, there was no dispute as to the facts of the case, I did not deem it necessary to take evidence under oath or affirmation.
Where I deemed it necessary, I made my own inquiries to better understand the facts of the case and in fulfilment of my duties under statute.
Background:
The Complainant commenced his employment with the Respondent on 18 October 2021. His employment was terminated on 20 December 2023. The Complainant was paid €622.53 gross per week. On 23 February 2024, the Complainant referred his claim to the Director General pursuant to section 39 of the Redundancy Payments Acts alleging that he did not receive any redundancy payment.
A hearing for the purpose of the investigation of the Complainant’s claims was scheduled for 24 April 2024. Correspondence informing the parties of the arrangements for the hearing issued by registered post on 8 March 2024. I am satisfied that the Respondent was properly notified of the arrangements for the adjudication hearing.
The Complainant attended the hearing. There was no attendance by, or on behalf of, the Respondent. There has been no communication from the Respondent indicating any difficulties with attending the hearing or requesting a postponement. As of the date of the drafting of this decision there has been no communication forthcoming from the Respondent as to the reasons for its non-attendance.
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Summary of Complainant’s Case:
The Complainant submits that he commenced his employment with the Respondent on 18 October 2021. His weekly pay was €622.53 gross. On 19 or 20 December 2023, the Complainant received a phone call from Mr Sweeney, the Director of the Respondent requesting him to bring the company van back to the Respondent and stating that there was no more work for him after 20 December 2023. The Complainant said that four other drivers were let go at that time. The Complainant submits that they were informed by the Respondent that it would not continue its business in the Limerick area. As there was no engagement on behalf of the Respondent, the Complainant sent a RP77 form to the Respondent by registered post on 10 January 2024. He received no reply. |
Summary of Respondent’s Case:
There was no attendance by, or on behalf of, the Respondent at the adjudication hearing. |
Findings and Conclusions:
The relevant law
Section 7 of the Redundancy Payments Acts 1967, as amended stipulates as follows: 7. General right to redundancy payment(1) An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided— (a) he has been employed for the requisite period, and (b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts […], immediately before the date of the termination of his employment or had ceased to be ordinarily employed in employment which was so insurable in the period of four years ending on that date. Based on the uncontested evidence of the Complainant, I find that he commenced his employment with the Respondent on 18 October 2021. His employment was terminated on 20 December 2023 by reason of redundancy. The Complainant sent an RP77 form, Claim for Lump Sum Payment under the Redundancy Payments Act, to the Respondent as the Respondent has failed to make payment in circumstances where the employee’s position has become/been made redundant. Based on the uncontested evidence of the Complainant, I am satisfied that the Complainant is entitled to a redundancy payment pursuant to the Redundancy Payments Act 1967. |
Decision:
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 allow the Complainant’s appeal. I declare that the Complainant is entitled to a statutory redundancy lump sum payment calculated in accordance with the following criteria: Date of commencement of employment: 18 October 2021 Termination date: 20 December 2023 Gross weekly wage: €622.53 (subject to the wage ceiling of €600 per week)
This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 28th May 2024
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Redundancy – non-attendance- |