ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011469
| Complainant | Respondent |
Anonymised Parties | Dental Technician | A Dental Laboratory |
Complaints:
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-00015367-001 | 26/10/2017 |
Date of Adjudication Hearing: 12/01/2018
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with 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 commenced employment on 1st November 2012 and his employment ended on 7th November 2016 owing to redundancy. |
Summary of Complainant’s Case:
The complainant commenced employment on 1st November 2012, received notice on 10th October 2016 and his employment ended on 7th November 2016 owing to redundancy. He was employed as a dental technician in a very specialised area.
While he had sympathy for the respondent in having to terminate his employment owing to redundancy he has still not received his redundancy payment which was promised to him. He provided the respondent with the relevant forms and was awaiting on the respondent to return them but he never did.
Following the hearing, the complainant provided a copy of the letter he received on 10th October 2016, detailing that his role was to be made redundant as “an increase in production has not occurred”. |
Summary of Respondent’s Case:
The respondent did not attend. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing, and in the circumstances, I find that their non-attendance without any acceptable explanation to be unreasonable in the circumstances.
In correspondence prior to the hearing the respondent outlined their surprise at the claim as they were awaiting on the complainant to return to collect the relevant forms but he never did. They detailed that they were only in a position to pay the redundancy over a period of time as they had limited cash flow. |
Findings and Conclusions:
Having listened to the evidence, it would appear that a business venture which involved the complainant’s skills did not come to fruition and the complainant’s employment was terminated owing to redundancy and that the rest of the business remains.
While the respondent did not attend, their correspondence with the WRC in advance of the hearing advises that “I am genuinely looking to discuss how to pay” and later on that “the business is still dealing with debtors not paying us and this impacts our cash flow monthly” and the respondent suggests that he can offer to pay €500 monthly to the complainant.
Section 7(1) provides that: 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 two years ending on that date.
Based on all the evidence, the claim succeeds. |
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.
In respect of the redundancy payment claim, based on the evidence, I find that the appeal under the Redundancy Payments Acts 1967 to 2007 succeeds and award the appellant a redundancy lump sum based on the following: Date of Commencement: 1 November 2012 Date of Termination : 7 November 2016 Gross Weekly Pay: €608.81 This award is subject to the appellant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Acts. |
Dated: 03.05.2018
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Redundancy, |