Case Number: ADJ-00024449. Workplace Relations Commission

• Date: 29 May 2020
• Docket Number: ADJ-00024449
• Court: Workplace Relations Commission

Procedure:

In accordance with Redundancy Payments Acts 1967 - 2014following 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.

Background:

The complainant submits that he did not receive his entitlement to redundancy payments.

Summary of Complainant’s Case:

The complainant commenced work on 11th October 2012 and signed a contract of employment on 28th January 2014 which included that the company reserved the right to lay off workers with as much notice as possible. On 2nd April 2019 the complainant and other employees received written notification of a temporary downturn at work and that he would be placed on a 3 day week for five weeks which commenced on 8th April 2019 and continued for 8 weeks up until 31st May 2019. Thereafter the complainant was advised that that lay off would continue for a further 3 weeks up until 24th June and RP9 forms were given by the respondent to employees. The complainant returned to work but morale was low as there was much uncertainty for employees and working hours and income had reduced. On 28th June 2019 the complainant requested a reference as he wished to keep his options open for potential future employment. Another employee Mr A who worked in the same capacity as the complainant had received redundancy payment in March 2019 and on 10th July 2019 the complainant became aware that two more employees, Mr B and Mr C, had submitted requests for voluntary redundancy and the complainant also submitted a request to Mr D project manager on 11th July 2019. The complainant and his colleagues were advised that the decision would be made by Mr E, the Regional manager. On 19th July 2019 Mr B and Mr C were advised that their application for redundancy had been accepted and left the organisation. The complainant was advised that there would be no other requests for redundancy granted. On 25th July 2019 the complainant submitted a Form RP9 to the respondent and attempted to deliver to it to Mr D but was unable to do so and later sent it to the HR Manager Ms E and received no counter notice. A chain of emails went between the parties and the complainant submitted that he felt aggrieved with the selection process for redundancy and the complainant was advised that he had no entitlement to redundancy. It was submitted that in the 11 week period from 8th April 2019 to 21st June the complainant had worked 24 days whereas he would have worked or would have been paid for 60 days normally. A grievance hearing took place on 31st July 2019 but the complainant felt too unwell to attend at work and returned to work on 13th August 2019 and there were no further attempts to deal with his grievance. The complainant felt he had no choice but to resign his position on 15th August 2019 and submitted that since his letter of resignation there have been further redundancies. It was submitted that the complainant’s cessation of employment was owing to the behaviour of the respondent who treated him differently than other employees. The respondent placed the complainant on continuous lay off and reduced hours and were aware there was not going to be continuous work for the complainant but refused to pay him redundancy payment. Following the hearing the respondent furnished the complainant’s pay slips and the complainant was given an opportunity to respond. The complainant responded that they had nothing more to add. Case law cited included St Ledger v Frontline Distributors Ltd [1995] ELR 160.

Summary of Respondent’s Case:

The company operates under a Framework Agreement...