ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055392
Parties:
| Complainant | Respondent |
Parties | Anthony Quinn | Karm Transport |
Representatives | Self Represented | Mr. Ray Mc Kenna (Owner) |
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-00067466-001 | 18/11/2024 |
Date of Adjudication Hearing: 19/03/2025
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with 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 is seeking statutory redundancy as a result of the business ceasing trading. |
Summary of Complainant’s Case:
The Complainant was employed as a HGV Driver and commenced employment on April 31st 2018. In .April 2024 he was told the business was closing and he was redundant. His employment ceased on April 5th 2024. He did not receive any redundancy payment. He submitted a claim for redundancy to the WRC on November 18th 2024. He was earning approximately 790 Euros gross per week. He is claiming statutory redundancy. |
Summary of Respondent’s Case:
The Respondent Owner advised that the company closed down very quickly as a result of actions by the Revenue Commissioners. He advised no redundancy was paid to the Complainant as the Company had no funds left to pay any redundancy. |
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.
The Complainants employment was terminated due to their being no work available on April 5th 2024. The Complainant did not receive any statutory redundancy payment. Based on the uncontested evidence of the Complainant I award him statutory redundancy on the following basis; Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.” Therefore, subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, I find that the complaint is well founded and the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof) plus a week on the following basis; Date of Commencement; 31/4/2018 Date of Reckonable Service for Redundancy Payment Ceasing on: 5/4/2024 Gross allowable Weekly Wage: 600 Euros The Complainants period of “Reckonable Service” is defined by Schedule 3 of the Act and does not include any period of absence from work due to lay off by the employer. |
Dated: 27th March 2025
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy |