James C. Byrne Manufacturing Ltd t/a Byrnes Jewellers (Represented by Mr Derek Sweeney) v Joseph Clarke

• Jurisdiction: Ireland
• Judgment Date: 05 December 2022
• Judgment citation (vLex): [2022] 12 JIEC 0507
• Docket Number: FULL RECOMMENDATION ADJ-00031016 CA-00041185-002 DETERMINATION NO. RPD2212 REDUNDANCY PAYMENTS ACTS, 1967 TO 2014
• Court: Labour Court (Ireland)

PARTIES:

James C. Byrne Manufacturing Limited t/a Byrnes Jewellers (Represented by Mr Derek Sweeney)

and

Joseph Clarke

FULL RECOMMENDATION

RPA/22/23

ADJ-00031016 CA-00041185-002

DETERMINATION NO. RPD2212

REDUNDANCY PAYMENTS ACTS, 1967 TO 2014

Full Court

DIVISION:

Chairman: Mr Foley

Employer Member: Mr O'Brien

Worker Member: Ms Treacy

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No(s)ADJ-00031016 CA-00041185-002

BACKGROUND:

2 2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 6th September 2022 in accordance with the Redundancy Payments Acts 1967 to 2014. A Labour Court hearing took place on 18th October 2022. The following is the Determination of the Court:

DETERMINATION:

Background

3 The matter before the Court relates to a worker, the Appellant, who worked for the Respondent for a total of 51 years from 1969 until he was notified of his redundancy on 2 ^nd November 2020. It is common case between the parties that, at the date of the termination of his employment by reason of his redundancy, he was in receipt of wages in the amount of €630 per week.

4 It is common case that the Appellant received no notice payment and no redundancy payment on termination of his employment after 51 years of service.

Dissolution of the Respondent Company

5 The Respondent submitted that the Respondent had been dissolved. The Court was not provided with evidence or any material basis to understand that a dissolution of the legal entity had taken place or when that event might have occurred.

6 In those circumstances, the Court is unable to conclude that, as a matter of legal certainty, the Respondent has ceased to exist as a legal entity.

The facts of the case

7 There is no dispute between the parties as to the material facts of the case. It is agreed that the Appellant worked for the Respondent for 51 years, that he was made redundant within the meaning of the Act and that he received no redundancy payment from the Respondent at the time of his redundancy or since.

The Relevant Law

8 Section 7 of the Redundancy Payment Act, 1967, sets out a general right to a redundancy payment as follows:

• 7.(1) An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, 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 provided—

(a) he has been employed for the...