ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00052930

Parties:

Complaint:

Date of Adjudication Hearing:  04/02/2025

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 1967,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.

Background:

The Complainant seeks statutory redundancy payment.

Summary of Complainant’s Case:

The Complainant confirmed that he was employed by the Respondent as a truck driver from 21st August 2017 to 5th April 2024 on €750 per week for a 40 hour week.  He did not receive a statutory redundancy payment when his employment ceased due to redundancy.

Summary of Respondent’s Case:

The Respondent does not contest the redundancy.

Findings and Conclusions:

Section 7(2) of the Redundancy Payments Act, 1967, states:

For the purposes of subsection (1), an employee who is dismissed shall be taken to have been 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 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…

I find therefore that the complaint under the Redundancy Payments Act 1967 is well-founded.

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 have decided that the complainant is entitled to a redundancy payment based on the following criteria:

Date of Commencement:     21 August 2017

Date of Termination:              5 April 2024

Gross Weekly Pay:                   €600.00

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

Dated:   27th February 2025.

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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