ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051285
Parties:
| Complainant | Respondent |
Parties | Wayne Russell | Gorey Ce Scheme Clg |
Representatives | P O’ Brien SIPTU | O 'Doherty Warren Solicitors |
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-00062871-001 | 18/04/2024 |
Date of Adjudication Hearing: 20/06/2024
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 was employed with the Respondent as Community Engagement Supervisor from 29th November 1999 until 27th October 2023.
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Summary of Complainant’s Case:
The Complainant’s employment terminated due to redundancy, but he has not received any redundancy payment. His weekly wage was 772.50 euro per week. The Complainant has been in contact with his employer seeking his redundancy payment in writing, but no redundancy payment has been forthcoming. |
Summary of Respondent’s Case:
The Respondent says it is a voluntary Board, it is a company limited by Guarantee. It was sponsored by the Department of Social Protection. When the Complainant’s employment terminated, it was impossible to find a replacement. It says the Scheme has insufficient assets to discharge the statutory redundancy payment to the Complainant. It will pay its assets to the Department of Social Protection. There are no other creditors. They are not opposing the Complainant’s application. |
Findings and Conclusions:
I heard and considered the submissions by the parties representatives. The Complainant was employed as a Supervisor with the Respondent from 29th November 1999 until 27th October 2023 when he was made redundant on a weekly wage of 772.50 euro per week. No redundancy payment has been paid to him despite his request. I find the complaint is well founded. Pursuant to S39 of the Redundancy Payments Act 1967 I direct payment of appropriate redundancy by the Respondent to the Complainant in respect of his employment from 29th November 1999 until 27th October 2023. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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.
The complaint is well founded. Pursuant to S39 of the Redundancy Payments Act 1967 I direct payment of appropriate redundancy by the Respondent to the Complainant in respect of his employment with the Respondent from 29th November 1999 until 27th October 2023. |
Dated: 2nd April 2025
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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