ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056633
Parties:
| Complainant | Respondent |
Parties | Marie Lenihan | Keith Ryan |
Representatives | Self Represented | Self Represented |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00068854-001 | 27/01/2025 |
Date of Adjudication Hearing: 04/06/2025
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with 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 by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant is seeking statutory redundancy as a result of the business ceasing trading. |
Summary of Complainant’s Case:
The Complainant was employed as a Shop Assistant and commenced employment on December 8th 2008. The business closed unexpectedly and her employment ceased on August 14th 2024.. She was not paid any redundancy and submitted a claim for redundancy to the WRC on January 1st 2025. She was earning 152.50 Euros per week for a 12 hour week.. She is claiming statutory redundancy. |
Summary of Respondent’s Case:
The Respondent attended the Hearing and stated the business ceased trading and was closed since August 2024, that the Complainant was redundant and that he had no funds to pay redundancy. He advised his Accountant was in the process of preparing an application for the redundancy to be paid from the statutory redundancy fund but it had not been completed. |
Decision:
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.
Based on the evidence of the Complainant I award her statutory redundancy on the following basis; The Complainants employment was terminated due to their being no work available on August 18th 2024. The Complainant did not receive any redundancy payment. Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.” Therefore, subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, I find that the complaint is well founded and the Complainant is entitled to a redundancy payment of two weeks pay per year (or part thereof) plus a week on the following basis; Date of Commencement; 8/12/2028 Date of Reckonable Service for Redundancy Payment Ceasing on: 14/8/2024 Gross Weekly Wage: 152.50 Euros The Complainants period of “Reckonable Service” is defined by Schedule 3 of the Act and does not include any period of absence from work due to lay off by the employer. |
Dated: 12-06-25
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy |