ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054427
Parties:
| Complainant | Respondent |
Parties | Darren Sayers | Moorefield Motors |
Representatives | Self Represented | Did not attend and not represented |
Complaint:
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-00066312-001 | 26/09/2024 |
Date of Adjudication Hearing: 21/03/2025
Workplace Relations Commission Adjudication Officer: Donal Moore
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 by me and to present to me any evidence relevant to the complaint.
This hearing was conducted remotely on Webex, in line with the provision of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020. In line with 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 the hearing was to be conducted in recognition of the fact that the proceedings constitute the administration of Justice. It was therefore open to members of the public to attend this hearing.
Evidence given at the hearing was in compliance with the Workplace Relations (Miscellaneous Provisions) Act, 2021 which came into effect on the 29th of July 2021, which accommodates situations where there is the potential for a serious and direct conflict in the evidence between the parties to a complaint. In such circumstances, an oath or an affirmation may be required to be administered to any person giving evidence before me. It is noted that the giving of false statements or evidence is an offence.
Background:
This complaint was brought to the attention of the WRC on the 26/09/2024 by way of a workplace relations complaint form. The Complainant is within the time period for making their complaint. The Respondent did not attend and was not represented The Complainant attended and represented themselves and were the only witness presented and gave his evidence under affirmation. The Complainant was asked to provide evidence of his employment in terms of tax or pay information and was given 14 days to do so and he complied within the time frame. |
Summary of Complainant’s Case:
The Complainant testified under affirmation that the address was where the Respondent carried on business and was owned by him. The Complainant attested that he had been made redundant by the Respondent on the 20/09/2024 and when inquired of Redundancy payments was told by the Respondent that “the state will take care of paying you that” |
Summary of Respondent’s Case:
Respondent did not present, the Adjudicator waited 15 minutes, and the Case Officer made phone enquiries to no avail. I am satisfied that the Respondent was notified of the date, time and venue for this hearing by a letter sent from the WRC and sent to the address provided by the Complainant on the WRC complaint form. |
Findings and Conclusions:
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.
I have heard no evidence to the contrary and the Complaint has provided me with documentary evidence of their being employed. I am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence The employment started: 01/07/2019 The employment ended: 20/09/2024 Gross weekly wage : €506.27 The Complainant was made aware of the fact that any award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952 to 1966. A ceiling of €600.00 applies. |
Decision:
Section 41 of the Workplace Relations Act 2015 and 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.
CA-00066312 - The Complaint is well founded. I am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence The employment started: 01/07/2019 The employment ended: 20/09/2024 Gross weekly wage : €506.27 Subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952 to 1966. A ceiling of €600.00 applies. |
Dated: 01-05-25
Workplace Relations Commission Adjudication Officer: Donal Moore
Key Words:
Redundancy, no show |