ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055613
Parties:
| Complainant | Respondent |
Parties | Tom Murphy | Joseph Gartlan Joe Gartlan Bus Hire |
Representatives |
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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-00067797-001 | 01/12/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00067798-001 | 01/12/2024 |
Date of Adjudication Hearing: 16/04/2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 39 of the Redundancy Payments Act 1967 (as amended) and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant gave evidence on affirmation. Submissions were received in advance of the hearing.
Mr Joe Gartlan gave evidence for the Respondent.
Both parties were given an opportunity to present their evidence and cross examine.
Both parties spoke positively about their working relationship. |
Summary of Complainant’s Case:
CA-00067797-001 The Complainant set out his evidence on being laid off by the Respondent in summer 2024 and being given 3 days’ notice that his job as a bus driver no longer existed. CA-00067798-001 The complaint was withdrawn at the hearing. |
Summary of Respondent’s Case:
CA-00067797-001 The Respondent outlined that the Complainant’s position was made redundant as a consequence of a school bus contract was not renewed. It was the Respondent’s sole business, and he was not in a position to offer the Complainant alternative employment. It was submitted the Respondent was simply unable to pay the redundancy sum to the Complainant. CA-00067798-001 The complaint was withdrawn at the hearing. |
Findings and Conclusions:
CA-00067797-001 I allow the Complainant’s appeal pursuant to Section 39 of the Redundancy Payments Act 1967 (as amended) based on the undisputed evidence presented at the hearing. CA-00067798-001
The complaint was withdrawn at the hearing |
Decision:
Section 39 of the Redundancy Payments Act 1967 (as amended) requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00067797-001 I allow the Complainant’s appeal pursuant to Section 39 of the Redundancy Payments Act 1967 (as amended) based on the undisputed evidence presented at the hearing. I direct the Respondent to pay the Complainant a redundancy lump sum payment under the Redundancy Payments Act 1967 (as amended) calculated on the basis of the following information. The Complainant commenced employment on 25 August 2008. The Complainant’s received notice on 27 July 2024 The Complainant’s employment terminated on 21 September 2024 (taking into account his statutory notice period) The Complainant was paid €296.37 per week gross based on a 20-hour week CA-00067798-001 The complaint was withdrawn at the hearing |
Dated: 01-05-2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Redundancy |