ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054409
Parties:
| Complainant | Respondent |
Parties | Claire Dalton | Fringe NCW Ltd |
Representatives | Self Represented | FDC Accountants |
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-00066280-001 | 25/09/2024 |
Date of Adjudication Hearing: 01/05/2025
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance Section 39 of the Redundancy Payments Acts 1967 - 2014following 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. The legal name of the Respondent was amended at the Hearing with the consent of both parties. |
Summary of Complainant’s Case:
The Complainant was employed as a Hair and Beauty Assistant and stated she was earning 220 Euros per week for a 40 hour week. She advised she was told the business was closing down and her position was redundant. She advised she did not receive any redundancy payment. The Complainant was employed from May 19th 2020 to January 6th 2024 and is claiming statutory redundancy. |
Summary of Respondent’s Case:
A Representative of the Respondent attended the Hearing and advised that the business had ceased trading and had no funds to pay any redundancy and confirmed the Complainant had been made redundant. |
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 uncontested evidence of the Complainant I award her statutory redundancy on the following basis; The Complainants employment was terminated due to their employer ceasing trading on January 6th 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 per year (or part thereof) plus a week on the following basis;
Date of Commencement; 19/5/2020 Date of Reckonable Service for Redundancy Payment Ceasing on: 6/1/2024 Gross Weekly Wage: 220 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: 22nd May 2025
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy |