ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048930
Parties:
| Complainant | Respondent |
Parties | Tom Hynes | Lifetime Care Ltd |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self | No attendance |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00060110-004 | 19/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00060110-007 | 19/11/2023 |
Date of Adjudication Hearing: 03/10/2024
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of theRedundancy 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.
This is one of a series of complaints by former employees of the Respondent who were notified of the termination of their employment via a Whats App message from a Mr Ken O’Sullivan on October 5th 2023. Efforts by the WRC to contact the named Respondent were unsuccessful. This included attempt by telephone and post regarding the link to the hearing. There was no attendance by or on behalf of the Respondent at any hearing. Effectively the Respondent has proved uncontactable. I am satisfied that every reasonable effort was made by the WRC to contact the Respondent regarding these complaints and the arrangement for the hearing.
Background:
Tom Hynes gave sworn evidence. He was employed as a carer from 21 June 2021 to October 5th 2023. |
Summary of Complainant’s Case:
Statutory sick pay. The complainant was absent on certified sick pay between 10.05.22 and 03.08.22. A medical cert was provided for this period and he is seeking payment of statutory sick pay for this period. Redundancy Pay The Complainant gave his gross pay as €412 per week gross. The total number of payslips corresponding to weeks worked was 13. He explained that he was also absent from work in 2024 for personal reasons. The figure provided for total gross pay for the period was €2735. |
Summary of Respondent’s Case:
There was no involvement by the Respondent with the complaints at any stage. |
Findings and Conclusions:
Having examined the payslips provided by the Complainant and considered his sworn oral evidence I find as follows That Mr Hynes had over 104 weeks continuous service inclusive of certified sick leave and personal leave agreed with the employer. His average basic pay is calculated by dividing the weeks worked into the gross figure for basic pay in 2023 giving a figure of €1813.50 divided by 26 equals €69.75 (A). Overtime and expenses both feature on the payslips. Expenses do not form part of pay. Overtime worked in the final thirteen weeks is excluded from the average basic wage i.e., the period from 05.10.23 inclusive back to 13.07.23 is excluded. The remaining weeks for which payslips were provided for 2023 is four i.e., 13.03/07.04/21.04 and 07.07. 23. The total overtime worked in those weeks amounts to €370.50. When divided by 26 as required, this gives a total average overtime weekly payment to be included of €14.25(B). The total of (A) and (B) is €84 which I find is the average gross pay for the purposes of the redundancy pay calculation. It is noted that the figures for basic pay and overtime varied considerable in 2023 with overtime exceeding basic pay in some weeks.
Statutory Sick Pay As advised to the Complainant at the hearing, this complaint is outside of the time limit(s) for making a complaint for non-payment of certified sick pay of six and twelve months after the event. |
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.
CA-00060110-004 Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 As this complaint is outside the time limits for having a complaint under the legislation investigated. I decide the complaint is not well founded. CA-00060110-007 Redundancy Payments Act 1967 The appeal by Tom Hynes against the decision of the Respondent Lifetime Care Ltd not to pay him statutory redundancy pay is upheld. The following are the details for the purposes of payment: Commenced employment 21.06.2021 Employment ended 05.10.2023 Gross average earnings including overtime €84 per week The decision is subject to the employment being insurable for the purposes of the Social Welfare Acts. |
Dated: 11th of October 2024
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
|