Complainant

Respondent

Parties

Gerard  Greenan

Patrick Gilsenan trading as Call - A - Car

Representatives

Aisling Finlay NCUCIS Monaghan Citizens Information Centre

 No appearance

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-00066575-001

09/10/2024

This is an uncontested redundancy complaint.

Under oath the Complainant gave the following evidence:

He worked as a vehicle maintenance operative from 4 March 2010 on the Respondent’s fleet of buses/ vehicles. He prepared vehicles for NCT testing and kept them in good working order.

The Respondent closed the business in 2023 and the Complainant remained working for the Respondent for a short time, thereafter, preparing the vehicles for sale until 20 October 2023, when his employment with the Respondent ended.

For the last 52 weeks of his employment the Complainant was paid a gross weekly wage of €528.69.

To establish his reckonable service the Complainant accepts that for a period of 26 in 2014 he was absent from work on certified illness leave. He accepts that this period of 27 weeks of 2014 is not reckonable to calculate his redundancy entitlement.

The Complainant accepts that the Respondent is unable to discharge his debts and that the Complainant’s redundancy entitlement will be paid out of the State Insolvency Fund.

There was no appearance on behalf of the Respondent.

After the conclusion of the Adjudication hearing the Respondent contacted the WRC by telephone advising that he had not been aware that a hearing was taking place that day. However, he advised WRC staff that he was satisfied for a decision to issue on the basis of the Complainant’s evidence alone.

Based on the uncontested evidence of the Complainant, which was given under oath, I am satisfied that a redundancy situation existed and that as of the date of the Adjudication hearing that he was not paid a redundancy payment. I find that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of his employment as set out below, bar a period of 27 weeks in 2014 when the Complainant was absent from work on certified sick leave and based on the following facts:

Commencement date: 4 March 2010

End of Employment: 20 October 2023

Gross weekly pay: € 528.69 – based on an average of weekly pay in the last 52 weeks of employment.

I note that the Complainant accepts that the Respondent is unable to discharge his statutory obligations due to a lack of available funds.

This complaint is well-founded and the Complainant is entitled to a redundancy payment based on the following:

Commencement date: 4 March 2010

End of Employment: 20 October 2023

During the above employment, the Complainant was on certified sick leave for 27 weeks in 2014

Gross weekly pay: € 528.69 – based on an average of weekly pay in the last 52 weeks of employment.

Redundancy – uncontested