ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054658
Parties:
| Complainant | Respondent |
Parties | Declan Holden | Ger Brennan Construction |
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-00066610-001 | 10/10/2024 |
Date of Adjudication Hearing: 14/07/2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
In accordance with Section 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. The complainant, Mr Holden gave evidence under oath. For the respondent, Mr Brennan, Director, attended and was accompanied by his accountant, Mr O’Connell.
Background:
The complainant submitted a complaint to the WRC that he was not paid redundancy when his employment ended with the respondent. |
Summary of Complainant’s Case:
The complainant gave testimony that he commenced employment on 23rd December 2016 and was on lay off from 10th November 2023. He was paid €583.56 gross per week. He said he was not brought back having been layed off and he submitted forms to the respondent requesting a redundancy payment. As there was no payment of redundancy, he submitted a complaint to the WRC. |
Summary of Respondent’s Case:
The respondent representative confirmed that the testimony given by the complainant was accurate. He placed the respondent on lay off and as there was no work available, the complainant was not brought back. |
Findings and Conclusions:
There is no conflict in evidence that the complainant was on lay off from 10th November 2023 and was then 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 1967 – 2012 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 based on the following criteria: -Date of Commencement of Employment- 23rd December 2016 -Date of Termination- 10th November 2023 -Gross Weekly Wage- €583.56 The award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 17-07-25
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Redundancy |