The Workplace Relations Commission has ordered Millbay Fishing Company Ltd to pay fisherman Vincent Kabu statutory redundancy after finding his complaint well founded. The decision was dated 4 March 2024 and says payment must be made within 42 days.
Kabu worked for the company from 16 August 2018 until 15 May 2023. Millbay opposed his claim, arguing that payments connected with a vessel decommissioning scheme had been made in lieu of redundancy.
The adjudication officer found that Kabu met the statutory conditions for redundancy pay, including at least 104 weeks of continuous employment. The officer also found that the scheme guidance did not say crew payments replaced employees’ separate redundancy entitlements. Statutory redundancy is a payment an eligible employee may receive when their employment ends in qualifying circumstances. The order requires Millbay to pay Kabu that statutory entitlement.