ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00049766

Parties:

Complaints:

Date of Adjudication Hearing:  05/08/2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. The matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.

Background:

The Complainant submitted complaints for redundancy and minimum notice after the café in which she worked closed down in 2023.

Summary of Complainant’s Case:

The Complainant did not attend the hearing.

Summary of Respondent’s Case:

The Liquidator, who attended the hearing, confirmed that he was appointed Liquidator almost a year after the café closed and as far as he was concerned, staff had received their statutory redundancy.

Findings and Conclusions:

CA-00061024-001            Redundancy Payments Act 1967

The Complainant did not attend the hearing.  She advised WRC by phone that she was on holidays and she had received her redundancy payment.

As the Complainant did not attend the hearing and did not formally advise the complaint was withdrawn, I find the complaint is not well founded.

CA-00061024-002            Minimum Notice & Terms of Employment Act 1973

The Complainant did not attend the hearing.

The complaint was received on 10/01/2024 some days less than 12 months after her employment was terminated on 13/01/2023.

Section 41 (6) of the Workplace Relations Act 2015 provides:

“Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

Section 41 (8) provides:

“an adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause”.

The Complainant did not attend the hearing to argue reasonable cause to extend the time under Section 41 (8). I find the complaint is out of time and is not well founded. 

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

CA-00061024-001            Redundancy Payments Act 1967

Based on the reasons and findings above, I have decided that the complaint is not well founded.

CA-00061024-002            Minimum Notice & Terms of Employment Act 1973

Based on the reasons and findings above, I have decided that the complaint is not well founded.

Dated:   06-08-25

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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