The WRC directed a shipping company to engage with a former labourer and pay the redundancy lump sum due after operations at Dublin Port ceased. In a decision dated 29 March 2018, it found he remained an employee when the business closed, despite being absent from work for nearly four years.
The company had assumed the labourer resigned after he stopped contacting it, but it had not issued him a P45 or formally ended his employment. He said he had not resigned and sought the same redundancy payment as other employees when the business closed.
The WRC found there was no evidence he had resigned and that he remained an employee when the company ceased operations. It directed the company to end his employment by reason of redundancy and pay the appropriate lump sum, calculated using his continuous and reckonable service.