Complainant

Respondent

Parties

Thomas  Purcell

S.C.H Construction Limited Hourigan Construction

Representatives

  Self-Represented

Did not attend

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-00068505-001

08/01/2025

The Complainant’s claim is that he was not paid for annual leave, notice period and the Respondent failed to complete the necessary and legally required steps to ensure his redundancy payment.

The Complainant gave evidence under affirmation and was accompanied by his spouse in a supporting role. The Respondent did not attend, and I awaited the customary 15 minutes to allow for a late attendance.

The Complainant made out his case on the complaint form and to me under affirmation and I asked questions of my own; in my inquisitorial function.

Having satisfied myself that I had all the details and evidence before me ,and was assured by the Complainant that I had all the facts,  I closed the hearing.

The Complainant was employed by the Respondent as a Carpenter from 24/07/2019 to the 31/05/2024.

On the last day of May 2024, he was informed the business was closing with immediate effect. This left the Complainant without payment for notice and without payment for annual leave days untaken.At the date of termination, the Complainant was paid €745.44 gross, weekly.

It is clear from the narrative on the Complaint form that the Complainant was due 13 days annual leave for which he has not been paid and would have been due two weeks unpaid notice to a total amount to €3429, gross.

The Complainant received and email from the accounts department of SCH with the statutory Redundancy Payment Scheme form for his signature, this included confirmation of his outstanding salary of €3429.00 and set out that the information would be supplied to the Welfare Partners Website.

On the 24th of October 2024, the Complainant received a letter from the Department of Social Protection to the effect that the Rx had not supplied the DSP with required Statement of Affairs, and they were unable to pay his redundancy without a WRC decision on his case.

Did not attend and was not represented

Having heard the evidence from the Complainant under affirmation I am satisfied that he is due payment for unpaid leave and notice to the amount of €3,429.00

I am satisfied that the Complainant’s role was made redundant on the failure of the Respondent company.  The Redundancy payment due is €6,432.00 based on 4.86 years’ service (from 24/07/2019 to the 31/05/ 2024.) and a bonus week amounting to a total of 10.75 weeks pay capped at €600 per week and subject to having been in insurable employment.

The decision in this complaint is the Complainant has established a valid claim for unpaid salary in terms of undischarged annual leave and notice to the amount of €3,429.00 and a further claim in that the Complainant has established that their role has been made redundant and is due to be paid €6,432.00 based on 4.86 years’ service (from 24/07/2019 to the 31/05/ 2024.) and a bonus week amounting to a total of 10.75 weeks’ pay capped at €600 per week and subject to having been in insurable employment.

Redundancy, statement of affairs.