ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00046341

Parties:

	Complainant	Respondent
Parties	Jan Jachec	Jim O'Rourke Fencing / James O'Rourke now in liquidation with Mr Phil Cuffe & Associates of Trim Road, Navan, Co Meath acting as Financial Representative.

Representatives

Self-Represented

Non-Appearance

Complaint:

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-00056974-001	02/06/2023

Date of Adjudication Hearing: 03/06/2025

Workplace Relations Commission Adjudication Officer: Michael McEntee

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.

In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.

The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.

The issue of anonymisation in the published finding of the WRC was considered by the Parties but not deemed necessary.

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

Background:

The Complainant was employed by the Respondent from 1st November 2008 to the 31st December 2021. The Complainant sought Redundancy but was informed by Mr Cuffe, the Respondent for the Respondent, that the Company was not in a financial position to pay any Redundancy.

The claim with the WRC is for a decision endorsing his Redundancy claim.

The Complainant wishes to lodge his claim with the Employer’s Insolvency Fund.

The complaint was lodged at the WRC on the 2nd June 2023.

1: Summary of Complainant’s Case:

The Complainant submitted sworn evidence, some Revenue paperwork and a statement from Mr Cuffe, Financial Advisor to the Respondent, (letter of the 24th May 2023) establishing that he had been in employment with the Respondent from 1st November 2008 to the 31st December 2021.

2: Summary of Respondent’s Case:

The Respondent was properly notified of the date, time and place of the Oral Hearing.

The complaint was not contested. Mr Cuffe’s statement by letter of the 24th May 2023 was confirmation of the facts attested by the Complainant.

3: Findings and Conclusions:

The case for Statutory Redundancy has been set out satisfactorily.

4: Decision:

Section 41 of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Act, 1967 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.

CA: - 00056974-001

Statutory Redundancy is deemed warranted for the Complainant.

The reckonable dates are from 1st November 2008 to the 31st December 2021.

The rate of pay was, subject to Revenue confirmation, €340.78 per week.

The continuity of Employment service during the reference period is also subject to Revenue and Department of Social Protection confirmation.

Dated: 4th June 2025

Workplace Relations Commission Adjudication Officer: Michael McEntee

Key Words:

Redundancy