The Workplace Relations Commission upheld Patrick Casey’s appeal against refusal of redundancy pay and upheld three of his four other complaints against Daly Bros. Carrickmacross Limited (in liquidation). The WRC awarded him €2,376 for accrued annual leave, €10 for a breach of employment information requirements and €3,568 in lieu of notice. The decision was dated 24 March 2022.
The case turned on whether Casey was still employed when the company entered liquidation in February 2020. The company argued he had agreed to leave in 2012; Casey denied agreeing to end his employment. The officer found that an agreement had been reached, but that the company had not taken steps to close the employment relationship, which remained open through 2012 to 2020.
The officer cited the lack of written confirmation or a P45 and the company’s continued acceptance of medical certificates. The redundancy calculation was based on 22 years’ service and gross weekly pay of €446, subject to the decision’s insurable-employment condition. The complaint under the 2018 amendment to the employment information legislation was not well founded.