LCR22417

1. Payment of Redundancy.

BACKGROUND:

2. On the 18th of January 2021, the appellant referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 4th June, 2021.



RECOMMENDATION :

This matter comes before the Court as an application by the Claimant under Section 20(1) of the Industrial Relations Act, 1969. The employer did not attend the hearing of the Court but did provide the Court with a comprehensive submission.

The matter before the Court is a claim that the Claimant did not receive the appropriate payment upon his redundancy from his employment a number of years prior to his application to the Court. The employer contends that he received his entitlements at the time and signed a document acknowledging that the payment made to him, which was made up of his statutory entitlement and an ex-gratia payment, constituted the resolution of all matters related to his employment and incorporated an undertaking that no further claims would be made against the employer.

The Claimant before the Court has asserted that he was unwell at the time of his redundancy and has been unwell since that time. The Court has no reason to disbelieve the Claimant in this respect.

The length of time between the date of termination of his employment and the date of his application to the Court would normally mean that the Court would not be able to address the claim in a way that would purport to place liability upon the employer. Similarly, the fact that a comprehensive waiver document was signed by the Claimant upon the termination of his employment would normally mean that the within claim cannot succeed.

However, the Claimant presented to the Court as unwell and asserted that he has been unwell for many years. It is noted that the Claimant has informed the Court that he worked with the employer for a period of 30 years prior to his redundancy.

In all the circumstances, and without any suggestion that the employer conducted itself other than correctly at all times in all matters associated with the claim before the Court, the Court recommends that, as a gesture of goodwill in acknowledgement of his long service, the employer should make a payment of €1,500 in full and final resolution of the within dispute and all possible claims against the employer.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
DC	______________________
9th June 2021	Chairman