ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059490
Parties:
| Complainant | Respondent |
Parties | Patrick O Halloran | Karm Transport Ltd. |
Representatives | Self Represented | Not present |
Complaint(s):
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-00069796-001 | 28/02/2025 |
Date of Adjudication Hearing: 18/03/2026
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The Hearing too place completely in public and the required Affirmation / Oath was administered to all witnesses. The legal perils of committing Perjury were explained to all parties.
Background:
The Complainant was employed as a Driver and is seeking unpaid statutory redundancy as a result of the business ceasing trading. |
Summary of Complainant’s Case:
The Complainant was employed as a Driver and commenced employment on October 15th 2018. The business ceased trad9ng on March 1st 2024 and the Complainants employment ceased. He was earning approximately 785 Euros per week. He made efforts to be paid his redundancy and was patient with the Respondent in terms of time to be paid but the Respondent advised they were not in a financial position to pay the Complainant redundancy. The Complainant is claiming statutory redundancy. |
Summary of Respondent’s Case:
A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on February 28th 2025 alleging that his former employer contravened the provisions of the Redundancy Payments Act 1967 in relation to him. The said complaint was referred to me for investigation. A Hearing for that purpose was held on March 18th 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. |
Decision:
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.
Based on the uncontested evidence of the Complainant I award him statutory redundancy on the following basis; The Complainants employment was terminated due to the Respondent ceasing operations on March 1st 2024. The Complainant did not receive any 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 (subject to a maximum of 600 Euros wages per week) on the following basis; Date of Commencement; 15/10/2018 Date of Reckonable Service for Redundancy Payment Ceasing on: 1/3/2024 Gross Weekly Wage: 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. |
Dated: 30th March 2026.
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy |