Complainant

Respondent

Parties

Bernard  Cox

Jack Sleator Motors Ltd Jack Sleator Motors Limited

Complainant

Respondent

Anonymised Parties

{text}

{text}

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00060332-004

09/08/2023

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

CA-00060332-005

09/08/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00060332-001

08/03/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00060332-002

08/03/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00060332-003

08/03/2024

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant undertook to give his evidence under affirmation.

The respondent indicated in advance that he would not be in a position to attend the hearing.

CA-00060332-001; 002; 003 Redundancy issues

The complainant stated that he received no notice of redundancy nor any payment in respect of his redundancy when the respondent employer closed down.

CA-00060332-004 Payment of Wages

The complainant stated that he did not receive his final weeks salary, nor did he receive payment for two additional days he undertook for the respondent.

CA-00060332-005 Organisation of Working Time Act

The complainant stated that he did not receive any annual leave during his employment or payment for such leave.

The respondent did not attend the hearing of this matter.

CA-00060332-001; 002; 003 Redundancy issues

Section 7(1) and (2) of the Redundancy Payments Act, 1967 states as follows:

7.—(1) An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided—

(a) he has been employed for the requisite period, and

(b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of four years ending on that date.

(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, or

(d) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, or

(e) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained,

Having regard to the foregoing, and to the evidence provided by the complaint, I am satisfied that his employment came to an end by way of redundancy in accordance with the Act.

I find that the complainant has established an entitlement to a redundancy payment in accordance with the Act and accordingly, I find favour of the worker in the appeal of the employer’s decision to deny his redundancy.

The complainant gave evidence of having been employed with the respondent from 16 September 2018 until 14 March 2023.  Having regard to the foregoing, and to the evidence provided by the complaint, I am satisfied that his employment came to an end by way of redundancy in accordance with the Act.

I find that the complainant has established an entitlement to a redundancy payment in accordance with the Act and accordingly, I find favour of the worker in the appeal of the employer’s decision to deny him redundancy.

CA-00060332-004 Payment of Wages

The complainant stated that he did not receive his final weeks salary, nor did he receive payment for two additional days he undertook for the respondent.  He worked a 40-hour week.  He was entitled to be paid at least the National Minimum Wage which amounted to €452 per week when his employment finished up.  Therefore, he was entitled to be paid €632.80 for the seven days that he worked for. 

The respondent did not attend the hearing.  The complainant came across as credible when giving evidence.  Accordingly, I find that the complaint is well founded.  In the circumstances, an award of compensation in the amount of €632.80 is appropriate.

CA-00060332-005 Organisation of Working Time Act

The complainant stated that he did not receive any annual leave during his employment or payment for such leave.  He worked a 40-hour week.  He was entitled to be paid at least the National Minimum Wage which amounted to €452 per week when his employment finished up. 

The respondent did not attend the hearing.  The complainant came across as credible when giving evidence.  Accordingly, I find that the complaint is well founded.  The complainant was entitled to 20 days annual leave at a minimum.  However, I consider that an award of €3,616 is just and equitable having regard to all the circumstances.

CA-00060332-001; 002; 003 Redundancy issues

Having considered all the relevant information provided by the complainant, I am satisfied that he has established that he is entitled to a redundancy payment in accordance with the Acts.  My decision is to allow the complainant’s appeal against the decision of the employer.

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: 16 September 2018

Date of Termination: 14 March 2023

Gross Weekly Pay: €452.00

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

CA-00060332-004 Payment of Wages

Having regard to all the written and oral evidence presented in relation to this matter, my decision is that the complaint is well founded and I award the complainant compensation of €632.80 which is appropriate in all the circumstances.

CA-00060332-005 Organisation of Working Time Act

Having regard to all the written and oral evidence presented in relation to this matter, my decision is that the complaint is well founded and I direct the respondent to pay the complaint €3,616 which I consider just and equitable having regard to all the circumstances.

Redundancy Payment Act – redundancy awarded – Payment of Wages – complaint well founded – compensation awarded – Organisation of Working Time - complaint well founded – compensation awarded