Mr Gerard Cronin v Premier Broadband Limited. ADJ 00036281. Workplace Relations Commission

• Judgment Date: 14 November 2022
• Year: 2022
• Hearing Date: 03 November 2022
• Docket Number: ADJ 00036281
• Court: Workplace Relations Commission
• Respondent: Premier Broadband Limited

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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 and to present any evidence relevant to the complaint.

The complainant attended the hearing at the WRC Hearing Rooms in Carlow. As the respondent was not in attendance, I waited until 10.15am to commence the hearing. As the respondent had not appeared by then, I commenced the hearing.

The complainant withdrew the Unfair Dismissals and Organisation of Working Time complaints and proceeded with the Redundancy complaint (CA-00047433-001).

Background:

The complainant worked for the respondent from 1st February 2018 to 31st March 2020. Arising from the COVID pandemic, he was informed that there was no work and that he would be contacted when the restrictions eased. The parties were in regular contact over the early stages of the pandemic and discussed the prospect of a return to work when restrictions lifted. The first discussion and communications on redundancy took place in or around July 2020. In November 2021, the complainant again sought a redundancy payment. Towards the end of 2021, the complainant tried unsuccessfully to contact the respondent. He then referred the complaints to the Workplace Relations Commission which were received on 1st December 2021.

Summary of Complainant’s Case:

The complainant commenced employment on 1st February 2018 and was placed on lay-off from 31st March 2020. The complainant brought a copy of his last pay slip dated 3rd April 2020 which showed a gross payment of €958. He was aware that not all staff were on lay-off and there was regular contact with the respondent on a date for a possible return to work. Having been on lay-off for a considerable period, in or around July 2020, the complainant brought matters to a head and sought payment of redundancy. On 27th July 2020, the respondent offered him a return to a one-day week with effect from 4th August 2020. This...