CORRECTION ORDER
ISSUED PURSUANT TO SECTION 39 OF THE Organisation of Working Time Act
This Order corrects the original Decision ADJ-00052489 issued on 25/10/2024 and should be read in conjunction with that Decision.
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052489
Parties:
| Complainant | Respondent |
Parties | Joseph Bergin | Manor Stone Quarries Ltd |
Representatives | Self-represented | Tom Hennessy |
Complaint:
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-00064313-001 | 15/03/2024 |
Date of Adjudication Hearing: 23/10/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967following 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.
Background:
The Complainant seeks a statutory redundancy lump sum payment.
Summary of Complainant’s Case:
The Complainant was employed as a Machine Driver from 26 January 2015. On 21 August 2023 he received a letter informing him that the business was being placed in liquidation. He then discovered that PWC was appointed as Receiver. He requests his entitlement to a statutory redundancy payment.
Summary of Respondent’s Case:
No objection was raised on behalf of the Respondent.
Findings and Conclusions:
Section 7(2) of the Redundancy Payments Acts provides:
“(2) For the purposes of subsection (1), an employee who is dismissed shall be taken to be dismissed by reason of redundancy if [for one or more reasons not related to the employee concerned] 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 in the place where he was so employed have ceased or diminished or are expected to cease or diminish, or
(c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise..
In this case, I note the Respondent has been placed in Receivership and I accept that the Complainant’s employment was ended by reason of redundancy and he is entitled to his statutory rights under the Redundancy Payments Act 1967.
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.
I have decided that the Complainant is entitled to a statutory redundancy payment based on the following criteria:
Date of Commencement: 26 January 2015
Date of Termination: 21 August 2023
Gross Weekly Pay: €624
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
Dated: 25/10/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Statutory redundancy lump sum payment. |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052489
Parties:
| Complainant | Respondent |
Parties | Joseph Bergin | Manor Quarries Ltd |
Representatives | Self-represented | Tom Hennessy |
Complaint:
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-00064313-001 | 15/03/2024 |
Date of Adjudication Hearing: 23/10/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967following 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.
Background:
The Complainant seeks a statutory redundancy lump sum payment.
Summary of Complainant’s Case:
The Complainant was employed as a Machine Driver from 26 January 2015. On 21 August 2023 he received a letter informing him that the business was being placed in liquidation. He then discovered that PWC was appointed as Receiver. He requests his entitlement to a statutory redundancy payment.
Summary of Respondent’s Case:
No objection was raised on behalf of the Respondent.
Findings and Conclusions:
Section 7(2) of the Redundancy Payments Acts provides:
“(2) For the purposes of subsection (1), an employee who is dismissed shall be taken to be dismissed by reason of redundancy if [for one or more reasons not related to the employee concerned] 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 in the place where he was so employed have ceased or diminished or are expected to cease or diminish, or
(c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise..
In this case, I note the Respondent has been placed in Receivership and I accept that the Complainant’s employment was ended by reason of redundancy and he is entitled to his statutory rights under the Redundancy Payments Act 1967.
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.
I have decided that the Complainant is entitled to a statutory redundancy payment based on the following criteria:
Date of Commencement: 26 January 2015
Date of Termination: 21 August 2023
Gross Weekly Pay: €624
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
Dated: 25/10/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Statutory redundancy lump sum payment. |