ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054966
Parties:
| Complainant | Respondent |
Parties | Dermot Darcy | Relyabuild Contruction |
Representatives | Self-represented | Ger Brennan |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00066530-001 | 07/10/2024 |
Date of Adjudication Hearing: 31/03/2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
In accordance withSection 39 of the Redundancy Payments Acts 1967 – 2014,following 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 and to present any evidence relevant to the complaint. The hearing was held in the Hearing Rooms of the Workplace Relations Commission (WRC), Carlow. It was attended by the complainant, Mr Darcy, who gave evidence under oath. For the respondent, Mr Brennan, Director, gave evidence under oath. He was accompanied by his accountant, Mr O’Connell.
Background:
The complainant submitted a complaint to the WRC that he was not paid redundancy when he was made redundant by the respondent. |
Summary of Complainant’s Case:
The complainant, Mr Darcy, outlined that he worked for the respondent from 3rd July 2017 up to 10th November 2023, when he was let go. Towards the end of his employment, Mr Brennan told him that he would be put on lay off as there was a downturn in work available. As the situation did not improve, the complainant did not get back to work. He claims redundancy for the relevant period. |
Summary of Respondent’s Case:
The respondent, Mr Brennan, confirmed in testimony that the complainant was initially on lay off and was then made redundant, due to the unavailability of work. He had prepared forms and was in the process of organising a redundancy payment. |
Findings and Conclusions:
At the hearing, the complainant’s testimony was consistent with that of the respondent. He was on lay off initially, and then was made redundant, due to no work being available. I allow the complainant’s appeal and find that he is entitled to a statutory redundancy lump sum payment under the Redundancy Payments Acts. |
Decision:
Section 39 of the Redundancy Payments Acts requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I allow the complainant’s appeal and find that he is entitled to a statutory redundancy lump sum payment under the Redundancy Payments Acts 1967-2014 based on the following criteria: -Date of commencement of employment 3rd July 2017 -Date of termination 10th November 2023 -Gross weekly wage €421.39 The award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 2nd April 2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Redundancy |