Complainant

Respondent

Parties

David  Morgan

Ysy Scaffolding Blackhorse Scaffolding

Representatives

Self-Represented

Peninsula Business Services

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-00066745-001

16/10/2024

The complainant has submitted a complaint under the Redundancy Payments Acts 1967 -2014, seeking payment in accordance with section 7 of the Acts. He is also seeking payment for eight weeks’ notice.

The complainant was employed from the 28/05/2007-20/06/2024

His gross weekly pay amounted to €1052.60

He worked 39 hours a week

He was made redundant on 20/6/2024.

He submitted his complaint to the WRC on 16/10/2024.

The complainant submits that the job for which he was employed no longer exists and that he is entitled to a statutory redundancy payment-based on 17 years of service, plus statutory notice payments.

The complainant gave evidence under affirmation.

The complainant commenced work as a scaffolder with the respondent on 28/5/2024.He was made redundant on 20/6/2024.

 The complainant is claiming the whole of the redundancy payment to which he is entitled, based on his 17 years of actual service accrued as opposed to the part payment which he has received, based, incorrectly, on 11 years’ service. He made many efforts to secure the respondent’s agreement to payment of the redundancy monies and to get the exact details of his employment dates but was ignored.

When he lodged his complaint on 16/10/2024, he had received no redundancy payments. Ultimately, he received a redundancy payment on 21/11/2024 in respect of 11 years’ service from 2013 – 2024 from the Department of Social Protection. This calculation was based on the failure of the respondent to supply the correct information and a failure to make correct tax returns to Revenue

The complainant states that he has an outstanding entitlement to a redundancy payment based on six years’ service for the period 28/5/2007 – 27/5/2013.

The complainant submitted evidence in support of the dates of his employment.

He seeks payment in respect of his statutory entitlement 8 weeks’ notice.

The Peninsula representative advised that he had authority to speak on behalf of the respondent The respondent accepts that the complainant was employed from 28/05/2007-20/06/2024.

The respondent concedes the complainant’s entitlement to a redundancy payment based on a total of 17 years, with a redundancy payment for six of these years outstanding and due to the complainant.

Peninsula stated that they regret the length of time the complainant had to expend in securing the redundancy payments.

The respondent accepts that they did not pay the complainant for his statutory notice and accept that payment for eight weeks is due to him.

Relevant Law.

Section 7(1) of the Act provides that,

“An employee, if he is dismissed by his employer by reason of redundancy or is laid off…shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment…”

Based on the law and the uncontested evidence, I find that the complainant’s employment was terminated as a result of redundancy, and that the termination conformed to the definition of redundancy set out in section 7(2) of the Redundancy Payments Act 1967, as amended.

Based on the uncontested evidence, I find that the respondent employer has only paid part of the redundancy monies. The respondent has paid the lump sum payment payable in respect of the period 21/6/2013 – 20/6/2024 and has refused or failed to pay the balance, payable in respect of the six-year period from 28/5/2005-20/6/2013.

I find that the complainant is entitled to the balance of his lump sum payment for the 6 years which ran from 28/5/2005-20/6/2013, pursuant to the Redundancy Payments Acts 1967, subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period:

Outstanding balance of redundancy payment due:

 Relevant period :28/05/2005- 20/6/2013.

Date of commencement of employment: 28/05/2005

Gross weekly pay: €1052.60, subject to the statutory ceiling of €600 per week.

In accordance with section 4 of the Minimum Notice and Terms of Employment Act 1973, the complainant is entitled to eight weeks’ notice. The respondent accepts this obligation.

I therefore direct the respondent to pay the complainant the sum of €8420. 

Subject to his PRSI contribution status, I decide that the complainant is entitled to the unpaid, outstanding balance of his statutory redundancy payment based on his service from 28/05/2005- 20/6/2013, based on a gross weekly pay of €1052.60, subject to the statutory ceiling of €600 per week.

In accordance with section 4 of the Minimum Notice and Terms of Employment Act 1973, based on the complainant’s entitlement to eight weeks’ notice, I direct the respondent to pay the complainant the sum of €8420.

Part–payment of redundancy lump sum.