ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049294
Parties:
| Complainant | Respondent |
Parties | John Keane | Torc Brewing Company Limited |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | David Gaffney, Padraig J. Sheehan Solicitors | Niall Lucey, Pierse McCarthy Lucey Solrs.. |
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-00060521-001 | 13/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060521-002 | 13/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060521-003 | 13/12/2023 |
Date of Adjudication Hearing: 16/04/2024 and 21/03/2025
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
Pursuant to Section 39 of the Redundancy Payment Act of 1967 (as amended) it is directed that the manner of hearing prescribed in Section 41 of the Workplace Relations Act of 2015 shall apply to any question, dispute, complaint or appeal referred to the Director General under the Redundancy Payments Acts of 1967 – 2014.
I have accordingly been directed by the Director General of the Adjudication services, to hear the within complaint and I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
Under the Redundancy Payments Acts, an eligible employee who is found to be redundant is entitled to a statutory redundancy payment for every year of service (per Section 7 of the Redundancy Payment Act of 1967). The Acts provide for a payment of two weeks gross pay for each year of service. A further bonus week is added to this. An eligible employee is one with 104 weeks of continuous employment with an employer and whose position has ceased to exist. The calculation of Gross weekly pay is subject to a ceiling of €600.00. Gross pay is the current normal weekly pay including average regular overtime and benefits-in-kind and before tax and PRSI deductions. A Redundancy payment is generally tax free.
A complainant must be able to show a minimum two years (104 weeks) of service in the employment. The Complainant herein qualifies.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/2020 which said instrument designates the Workplace Relations Commission as a body empowered to hold remote hearings pursuant to Section 31 of the Principal Act. The said remote hearing was set up and hosted by an appointed member of the WRC administrative staff. I am satisfied that no party was prejudiced by having this hearing conducted remotely. I am also satisfied that I was in a position to fully exercise my function, and I made all relevant inquiries in the usual way. In response to the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021 ]IESC 24 (delivered on the 6th of April 2021), I can confirm that the within hearing was open to the public so as to better demonstrate transparency in the administration of Justice. The Specific Details of the Dispute are outlined in the Workplace Relations Complaint Form which was received by the WRC on the 13th of December 2023. The Employee must have made a claim for a redundancy payment by notice and in writing before the expiration of 52 weeks form the date of the cessation of the employment per section 24 of the Redundancy Payments Act 1967 (as amended). The time limit may be extended to 104 weeks where the employee can demonstrate to the satisfaction of the Adjudication Officer that the failure to bring the claim in the earlier time period was due to reasonable cause (24(2A)). The Employment herein ended on the 8th of August 2023.
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Summary of Complainant’s Case:
The Complainant had full legal representation at the hearing. I understand that the legal representatives herein engaged with one another for the purpose of resolving the issues herein without the need to resort to a written decision. It is noted that on the second day of hearing that two of the complaints herein were withdrawn and that the only issue that required an Adjudication decision was the issue of Statutory Redundancy. The details were agreed between the parties and a written decision was then sought. The Complainant was looking for Statutory Redundancy as well as payments for annual leave and public holidays. As noted, these last two claims were ultimately withdrawn. Where I deemed it necessary, I made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties as prescribed by Statute. |
Summary of Respondent’s Case:
The Respondent had full legal representation at this hearing. The Respondent accepts that there is an entitlement to Statutory Redundancy and agreed to the details as proposed by the Complainant’s representative on instruction form the Complainant. Where I deemed it necessary, I made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties as prescribed by Statute. |
Findings and Conclusions:
I accept that the Complainant’s job was made redundant, and I accept that the Complainant was entitled to be paid redundancy pursuant to the Redundancy Payments Acts 1967-2014. I am further satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence: The employment started: 5th October 2014 The employment ended: 8th of August 2023 Gross weekly wage : €937.00
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 CA-00060521-001 - The Complainant is entitled to a Redundancy Payment based on the following established facts:-
The employment started: 5th October 2014 The employment ended: 8th of August 2023 Gross weekly wage : €937.00
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00060521-002 – This complaint was withdrawn. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00060521-003 – This complaint was withdrawn.
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Dated: 25/04/2025.
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words:
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