Complainant

Respondent

Parties

Terry  Breslin

Jack Sleator Motors Limited

Representatives

Ms. Aisling Penrose, Kelly Caulfield Shaw Solicitors

No Appearance

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-00058135-001

04/08/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00058135-002

04/08/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00058135-003

04/08/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00058135-004

04/08/2023

The Complainant commenced employment with the Respondent on 20th October 2010. The Complainant was a permanent, full time member of staff, in receipt of an average weekly wage of €554.00. The Complainant’s employment terminated on the grounds of redundancy on 10th March 2023.

On 4th August 2023, the Complainant referred the present complaint to the Commission. Herein, he alleged that he did not receive a statutory notice payment or statutory termination payments. The Respondent issued no responding submission to these allegations.

A hearing in relation to this matter was convened for, and finalised on, 22nd April 2024. The Complainant issued a comprehensive submission in advance of this hearing and gave sworn evidence in support of the same. There was no appearance by or on behalf of the Respondent at the hearing as scheduled.

No issues as to my jurisdiction to hear the complaint were raised at any stage of the proceedings.

In evidence, the Complainant stated that he was employed as a mechanic in the Respondent’s business. He stated that he was a permanent, full-time employee. On 10th March 2023, the Complainant was informed that the Respondent’s business was closing, and that his employment was being terminated. Thereafter, the Complainant, through his solicitor, sought payment in respect of his statutory notice entitlement, his statutory redundancy payment and all other outstanding payments due. When no response was received to this correspondence, the Complainant referred the present set of complaints.

There was no appearance by or on behalf of the Respondent at the hearing as scheduled. Having reviewed the file, it is apparent that the Respondent was notified of the time, date of venue of the hearing. In such circumstances, the matter proceeded in their absence and on the basis of the Complainant’s sworn evidence only.

CA-00058135-001 – Complaint under the Redundancy Payments Acts

Section 7(2)a of the Redundancy Payments Acts lists the following situation as a valid ground for redundancy;

“…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”.

This section clearly describes what has occurred in this instance- the Complainant’s employer ceased to carry on business, effectively making his role redundant. Having regard to the foregoing, and the wording of the Redundancy Payments Acts, I allow the Complainant’s appeal.

CA-00058135-002 – Complaint under the Organisation of Working Time Act

By submission, and by way of uncontested evidence, the Complainant stated that he was owed annual leave to the sum of €326.40 on the termination of employment. Given the Respondent’s failure to compensate the Complainant for this sum on his dismissal, I find that the complaint is well-founded. 

CA-00058135-003 – Complaint under the Minimum Notice and Terms of Employment Act

In evidence, the Complainant stated that he did not receive his statutory notice payment on the termination of his employment. Given that the Complainant’s evidence in this regard was uncontested, I find that the complaint is well-founded.

CA-00058135-004 – Complaint under the Payment of Wages Act

In evidence, the Complainant stated that he did not receive his final weeks’ wages on the termination of his employment. Given that the Complainant’s evidence in this regard was uncontested, I find that the complaint is well-founded.

CA-00058135-001 – Complaint under the Redundancy Payments Acts

I find in favour of the Complainant and allow the Complainant’s appeal.

In the circumstances the Complainant is entitled to a statutory redundancy payment based on the following information.

Date of Commencement:             20th October 2010 

Date of Termination:                     10th March 2023

Average Weekly Wage:                 €554.00

CA-00058135-002 – Complaint under the Organisation of Working Time Act

I find that the complaint is well founded. Regarding redress, I award the Complainant the sum of €326.40 in respect of his outstanding annual leave entitlement, with a further payment of €400 in compensation for the breach of the Act.

CA-00058135-003 – Complaint under the Minimum Notice and Terms of Employment Act

I find in favour of the Complainant. In circumstances whereby the Complainant had accrued in excess of ten years’ service with the Respondent, I find that he is entitled to a payment of €3,324.00 in respect of his statutory notice entitlement.

CA-00058135-004 – Complaint under the Payment of Wages Act

I find in favour of the Complainant. Regarding redress, I award the Complainant the sum of €554.00, or one-weeks’ remuneration, in compensation.

Non-attendance, Redundancy