ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00053237

Parties:

	Complainant	Respondent
Parties	Michael Mc Kenna	Mr Patrick Gilsenan Call - A -Car

	Complainant	Respondent
Anonymised Parties	{text}	{text}

Representatives

Monaghan Citizens Information Centre

Patrick Gilsenan

Complaint(s):

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-00065049-001	29/07/2024

Date of Adjudication Hearing: 25/11/2024

Workplace Relations Commission Adjudication Officer: Shay Henry

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following 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, Mr Michael McKenna, worked as a driver for the respondent, Mr Patrick Gilsenan, Call-a-Car. While Mr McKenna was out on sick leave his position was made redundant and he did not receive and redundancy payment. Evidence was given at the hearing under oath/affirmation by Mr McKenna and Mr Gilsenan and both parties were offered the opportunity to cross examine.

Summary of Complainant’s Case:

Mr Michael Mc Kenna was employed by the respondent, Mr Patrick Gilsenan, as a driver from 25/11/2020. He went on sick leave on the 20/12/2022. This was the last day of work with this company. His position was made redundant on the 30/07/2023 and he did not receive a redundancy payment.

Summary of Respondent’s Case:

The respondent acknowledges that Mr McKenna is entitled to a redundancy payment. He was out sick at the time and was not on the payroll and therefore the respondent omitted to notify him.

Findings and Conclusions:

The respondent acknowledges that the complaint is entitled to a redundancy payment and therefore I allow the appeal.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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.

The appeal is allowed and I order the respondent to pay the complainant the statutory redundancy payment calculated in accordance with the Act, based on the employment period from 25th November 2020 until 30th July 2023, and based on a weekly wage of €240.

Dated: 07th of January 2025

Workplace Relations Commission Adjudication Officer: Shay Henry

Key Words:

Redundancy payment entitlement