ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00051227

Parties:

	Complainant	Respondent
Parties	Damien Keaney	Jayden & Preston Limited Parcel King

	Complainant	Respondent
Anonymised Parties	{text}	{text}

Representatives

complainant

Peninsula

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2006	CA-00061335-001	25/01/2024
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012	CA-00061335-004	25/01/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00061335-005	25/01/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00061335-006	25/01/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00061335-007	25/01/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00061335-008	25/01/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00061335-009	25/01/2024
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00061335-010	25/01/2024
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00061335-012	25/01/2024
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00061335-014	25/01/2024
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00061335-016	25/01/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000	CA-00061335-018	25/01/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00061335-019	25/01/2024

Date of Adjudication Hearing: 12/11/2024

Workplace Relations Commission Adjudication Officer: Shay Henry

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 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:

The complainant, Mr Damien Keaney commenced work on 24th February 2020 with a company called Nova Point. At some stage the respondent, Jayden & Preston Limited Parcel King, took over the running of the business. The complainant never received any information about this take over. Work dried up in August 2023 and by text on 29th August a representative of the company informed the complainant that there would be more work the following week. This never happened. At the outset of the hearing the complainant withdrew all complaints with the exception of the redundancy claim.

At the commencement of the hearing the representative of the respondent requested an adjournment as the respondent was not able to be in attendance. No adequate reason for this absence was given to me and therefore the hearing continued in the absence of the respondent but with his representative in attendance.

Evidence was given under oath/affirmation by the complainant and this evidence was subject to cross examination. Any submissions/documents sent to me were considered by me.

Summary of Complainant’s Case:

The complainant, Mr Damien Keaney commenced work on 24th February 2020 with a company called Nova Point. At some stage the respondent, Jayden & Preston Limited Parcel King, took over the running of the business. The complainant never received any information about this take over. Work dried up in August 2023 and by text on 29th August a representative of the company informed the complainant that there would be more work the following week. This never happened. The complainant is seeking redundancy payment. All other claims are withdrawn.

Summary of Respondent’s Case:

The respondent was represented at the hearing but no member of the respondent organisation. No evidence was presented by the respondent. The respondent representative acknowledged that the work had ceased in or around the end of August 2023. He pointed out that alternative work had been offered to the complainant in Galway

Findings and Conclusions:

Section 7 of The Redundancy Payments Act 1967 – 2014 states as follows;

7.—(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, 1952 to 1966, 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 two years ending on that date.

(2) For the purposes of subsection (1), an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to—

(a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed, or

(b) the fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish.

(3) For the purposes of subsection (1), an employee shall be taken as having been laid off or kept on short-time for the minimum period if he has been laid off or kept on short-time for a period of four or more consecutive weeks, or for a period of six or more weeks which are not consecutive but which fall within a period of thirteen consecutive weeks.

The complainant in this case has been employed for the requisite period. From the evidence given it is clear that he qualifies for a redundancy payment under Section 7 (2) (a) as his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed. While the complainant was offered alternative work this was a considerable distance from where he lived and was not suitable on that basis. I therefore allow the complainant’s appeal and order the respondent to make the redundancy payment to him in accordance with the Act on the basis of service from 24th February 2020 until 31 August 2023.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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 rel19evant redress provisions under that Act.

I order the respondent to make the redundancy payment to the complainant in accordance with the Redundancy Payment Act on the basis of service from 24th February 2020 until 31 August 2023.

Dated: 18th of November 2024

Workplace Relations Commission Adjudication Officer: Shay Henry

Key Words:

Redundancy payment