REDUNDANCY PAYMENTS ACTS, 1967 TO 2014
COENNIS CONSTRUCTION AND SERVICES LIMITED
- AND -
Chairman: Mr Haugh
Employer Member: Mr Murphy
Worker Member: Ms Treacy
1. An appeal of an Adjudication Officer's Decision No. ADJ-00018630.
2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with the Redundancy Payments Act 1967. A Labour Court hearing took place on 27 August 2019. The following is the Determination of the Court:-
Background to the Appeal
This is an appeal by Mr Zydrunas Rimas (‘the Complainant’) against a decision of an Adjudication Officer (ADJ-00018630, dated 27 June 2019) under the Redundancy Payments Act 1967 (‘the Act’). The Complainant’s Notice of Appeal was received by the Court on 4 July 2019. The Court heard the appeal in Dublin on 27 August 2019. The Complainant attended as a litigant in person; his former employer, Coennis Construction and Services Limited (‘the Respondent’), was not represented at the hearing of the appeal, although duly notified in advance by the Court of the date and venue fixed for the hearing.
The Complainant submits that he was employed initially by Mr Jack Ennis T/A Jack Ennis Contracts from 19 April 2010 until 1 August 2016. On the latter date, his employment transferred to the Respondent, a private company limited by shares which had been incorporated on 17 June 2016. The Complainant’s former employer was then one of two directors of the Respondent. The Complainant submits that he received verbal assurances from both directors of the Respondent, in or around the date his employment transferred, that his service with Mr Jack Ennis T/A Jack Ennis Contracts and with the Respondent would be deemed to be continuous for all purposes. The Complainant’s employment with the Respondent was terminated without notice and via a telephone call on 9 November 2018 in circumstances where the Respondent had ceased trading. He is, therefore, seeking to have his statutory redundancy entitlement based on his continuous service from 19 April 2010 to the date of his redundancy.
Discussion and Decision
Based on the Complainant’s uncontested submissions and supporting documentation placed before the Court, the Court finds that the Complainant’s service with Mr Jack Ennis T/A Jack Ennis Contracts and with the Respondent was continuous and that the Complainant is, therefore, entitled to have his service from the date of commencement with the former employer to the date of termination with the latter employer reckoned for the purpose of calculating his entitlements under the Act. In addition, as the Complainant’s employment was terminated without notice on 9 November 2018, the period of statutory notice he would have been entitled to pursuant to the Minimum Notice and Terms of Employment Act 1973 (i.e. 4 weeks) must also be added to his actual service. It follows that, for the purpose of the Act, his date of redundancy is deemed to be 7 December 2018. The Complainant was earning €883.99 per week gross prior to his dismissal by reason of redundancy.
The Complainant is entitled to a statutory redundancy payment calculated in accordance with the following criteria:
Date of Commencement: 19 April 2010
Date of Notice of Redundancy: 9 November 2018
Date of Redundancy: 7 December 2018
Gross Weekly Pay: €883.99
The decision of the Adjudication Officer is varied accordingly.
The Court so determines.
Signed on behalf of the Labour Court
30 August, 2019Deputy Chairman
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.