Complainant

Respondent

Parties

Jake  Hastewell

J & E Peacon Limited

Representatives

  Self Represented

 Not present

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-00070054-001

18/03/2025

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00070054-003

18/03/2025

The Complainant submitted two complaints to the WRC that he was (a) not paid statutory redundancy and that (b) he did not receive statutory notice when his employment ceased in January 2025.

 The Complainant was employed as a Cutterist from October 17th 2019 to January 25th 2025.

The Complainant earned 650.16 Euros gross per week.

The Respondent ceased trading without notice and the Complainant was not paid his statutory redundancy and he was given no statutory notice or payment in lieu of statutory notice.

The Complainant advised the Respondent had financial difficulties and ceased operations as a result.

Two Complaints were received by the Director General of the Workplace Relations Commission by the Complainant  on  March 18th 2025 alleging that his former employer contravened the provisions of the above Acts in relation to him. The said complaints were referred to me for investigation. A Hearing for that purpose was held on  March 16th 2026. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the said Respondent  was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held and were not present at the Hearing.

Redundancy complaint;

Based on the uncontested evidence of the Complainant I award him statutory redundancy on the following basis;

The Complainants employment was terminated due to there being no work available and the Respondent ceasing operations on January 25th 2025.

The Complainant did not receive any statutory redundancy payment.

Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.”

Therefore, subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, I find that the complaint is well founded and the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof) plus a week on the following basis;

Date of Commencement; 17/10/2019

Date of Reckonable Service for Redundancy Payment Ceasing on: 25/1/2025.

Gross Weekly Wage Allowable: 600  Euros

The Complainants period of “Reckonable Service” is defined by Schedule 3 of the Act and does not include any period of absence from work due to lay off by the employer.

Minimum Notice complaint.

Section 4.2 of the Minimum Notice and Terms of Employment Act 1973 requires an Employer to give an Employee  who has between 5 and 10 years service (as in the Complainants case) , four weeks notice. Based on the uncontested evidence of the Complainant that he did not receive this notice pay, I award him four weeks pay amounting to 2600.64 Euros.

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 allow the Complainants appeal.    CA-00070054-001

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act. I find the complaint well founded and award the Complainant 2,600.64 Euros.  CA-00070054-003

Redundancy