Complainant

Respondent

Parties

Shane  Mc Caffrey

Scientia Engineering Ltd.

Representatives

Self-Represented

Owen Corrigan

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-00077548-001

13/11/2025

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00077548-002

13/11/2025

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant and a witness for the respondent undertook to give evidence under affirmation.  Cross examination was facilitated.

At the completion of the hearing, I took the time to review all the oral evidence together with the written submissions made by the parties. The respective positions of the parties are noted, and a broad outline of the evidence and cross examination is provided.  I am not required to provide a line-by-line assessment of the evidence and submissions that I have rejected or deemed superfluous to the main findings.  I am guided by the reasoning in Faulkner v. The Minister for Industry and Commerce [1997] E.L.R. 107 where it was held that a

“…minute analysis or reasons are not required to be given by administrative tribunals...the duty on administrative tribunals to give reasons in their decisions is not a particularly onerous one.  Only broad reasons need be given…”.

The complainant submitted that he was not paid redundancy when his contract came to an end. He submitted that he was working on one specific site for the respondent and that he was informed that that site would be closing down. He was given no notice when the site closed down on a Friday. He sought alternative work from the respondent on the Saturday and received no response from the respondent on the Sunday. Accordingly on the Monday he sought his redundancy payment and any outstanding holiday pay from the respondent.

In evidence the complainant stated that he was never given a contract of employment but confirmed that he was given payslips which show that he paid his PRSI and tax.

He stated that he was told in September that the work was drying up but noted that when he was laid off and only received 25% of his wages. He confirmed in cross examination that he received the remaining 75% of his wages on the next working day.

He stated that he never received any detail of other work despite seeking it over that initial weekend.

The respondent submitted that the complainant was on a fixed term contract and that the contract referred to his work on a specific site. In support of this the respondent submitted a sample contract to the WRC for consideration.

In evidence the witness for the respondent referred to an e-mail where the complainant indicated that he was only signed up to work for one specific site. He also noted that when he talked to the complainant in September about working on other sites, the complainant declined to consider other sites, stating that he was hired to work on that one site.  The witness also stated that when the work at the initial site came to an end, he was looking around to find out what other work was available to move the complainant on to.

Under cross examination when asked whether he provided detail regarding other employment opportunities for the complainant, he stated that the complainant gave him no chance because he asked him one day and then the next day said he was not going to continue working for the respondent.

The respondent in this case indicated that the complainant was employed under a fixed term or a fixed purpose contract. A sample contract of employment was provided by the respondent, it was unsigned and not specific to the complainant. The complainant noted that he had never received a contract of employment of any type despite seeking it on a number of occasions.

The contract of employment submitted does not specify that it is either a fixed term or a fixed purpose contract but appears to be a generic contract of employment. No signed contract was forwarded relating to the complainant and the contract as submitted doesn't relate to any specific place of employment.

Having regard to the foregoing, I find that the contract of employment was not a fixed term or fixed purpose contract and accordingly the provisions of the Redundancy Payments Acts may be considered.

The work at the particular site that the complainant was assigned to work on came to an end. This is not in dispute by the parties. A month previously the respondent offered the complainant the chance to work on an alternative site, but he indicated that he was not interested in doing so. This is not in dispute by the parties.  The work came to an end without much notice being given to the respondent, only one day so the respondent was engaged in finding alternate locations for its employees following the cessation of work on the specific site. This is not in dispute by the parties.

The complainant sought details of additional work locations over the weekend from the respondent who did not reply to the complaints queries. On the Monday the complainant indicated that he was moving elsewhere to seek work. The respondent instructed its accountant to process the end of work payments including redundancy.  The respondent did not indicate that it would continue paying the complainant that week notwithstanding some delays in previous wage payments.  However this was suggested at the hearing.

Having considered the evidence put forward by the parties, both oral and in writing, I am satisfied that the respondent undertook to look for alternative employment for the complainant, but did not indicate to the complainant that it would continue to pay him while that search for alternatives was going on.

The complainant indicated, in a text that he was not interested in working for the respondent on another site. Although no specifics were provided regarding alternative employment, the offer to look for it was there. The respondent noted that it was engaged on other sites and that prior to moving the complainant to another site, he would need to be accepted on that site by the client.  Accordingly, I am satisfied that the respondent would have been in the position to seek alternative employment for the complainant.

Section 7(2) of the Redundancy Payments Act states as follows:

(2) For the purposes of subsection (1), an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to—

(a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed, or

(b) the fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish, or

(c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise, or

(d) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, or

(e) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained,

Section 15 of the Act dals with an employee’s disentitlement to a redundancy payment and states as follows:

Disentitlement to redundancy payment for refusal to accept alternative employment.

15.—(1) An employee … shall not be entitled to a redundancy payment if …—

(a) his employer has offered to renew that employee’s contract of employment or to re-engage him under a new contract of employment,

(b) the provisions of the contract as renewed, or of the new contract, as to the capacity and place in which he would be employed and as to the other terms and conditions of his employment would not differ from the corresponding provisions of the contract in force immediately before the termination of his contract,

(c) the renewal or re-engagement would take effect on or before the date of the termination of his contract, and

(d) he has unreasonably refused the offer.

(2) An employee … shall not be entitled to a redundancy payment if …—

(a) his employer has made to him in writing an offer to renew the employee’s contract of employment or to re-engage him under a new contract of employment,

(b) the provisions of the contract as renewed, or of the new contract, as to the capacity and place in which he would be employed and as to the other terms and conditions of his employment would differ wholly or in part from the corresponding provisions of his contract in force immediately before the termination of his contract,

(c) the offer constitutes an offer of suitable employment in relation to the employee,

(d) the renewal or re-engagement would take effect not later than four weeks after the date of the termination of his contract, and

(e) he has unreasonably refused the offer.

(2A) Where an employee who has been offered suitable employment and has carried out, for a period of not more than four weeks, the duties of that employment, refuses the offer, the temporary acceptance of that employment shall not solely constitute an unreasonable refusal for the purposes of this section.

(2B) Where—

(a) an employee’s remuneration is reduced substantially but not to less than one-half of his normal weekly remuneration, or his hours of work are reduced substantially but not to less than one-half of his normal weekly hours, and

(b) the employee temporarily accepts the reduction in remuneration or hours of work and indicates his acceptance to his employer,

such a temporary acceptance for a period not exceeding 52 weeks shall not be taken to be an acceptance by the employee of an offer of suitable employment in relation to him.

(3) Where a person who is entitled to a weekly payment has unreasonably refused suitable employment offered or approved by the National Manpower Service, that person shall be disqualified from receiving any further weekly payments.

Although I am satisfied that work on this specific site came to an end, I am not satisfied that work with the respondent came to an end or that there was no further work available for the complainant. However, in order for the complainant to be disentitled to a redundancy payment, any offer of alternative employment needs to be given to the complainant in writing.  This did not happen in this case.  The was no firm possibility of alternative employment and the employer did not put the complainant on lay off (in writing) as permitted by the Act.

Having regard to the foregoing, and to the evidence provided by the complaint, which was corroborated by the witness for the respondent, I am satisfied that his employment came to an end by way of redundancy in accordance with the Act on 10 October 2025.

Having considered all the relevant information provided by the complainant, I am satisfied that the complainant has established that he is entitled to a redundancy payment in accordance with the Acts.  My decision is to allow the complainant’s appeal against the decision of the employer.

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 have decided that the complainant is entitled to a statutory redundancy payment based on the following criteria:

Date of Commencement: 14 June 2021

Date of Termination: 10 October 2025

Gross Weekly Pay: €1191.45

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

Redundancy Payments Act – entitlement to payment established