ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00051501

Parties:

	Complainant	Respondent
Parties	Leonie McGuinn	John Lyons and the Legal Personal Representative for the Estate of Pattricia Lyons , Deceasd

	Complainant	Respondent
Anonymised Parties

Representatives

Vanessa McGuinn

A J Brennan + Co

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-00063147-001	29/04/2024

Date of Adjudication Hearing: 17/06/2025

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The claimant was employed as a Hairdresser with the respondent from the 1st.Nov. 1988 to the 20th.Jan 2024 when the salon closed owing to the illness of Ms.P Lyons .The claimant applied to the respondent for redundancy with a completed RP50 on the 24th.March 2024 but received no reply.The respondent did not attend the hearing owing to the critical illness of his wife Ms.P.Lyons .The respondent’s representatives did not attend the hearing and indicated that they would deal with the matter “by correspondence via the WRC.”The WRC was notified of the death of Ms.Lyons on the 29th.Nov. 2024.

Summary of Complainant’s Case:

The claimant worked for the respondent as a hairdresser for 36 years and submitted that she was made redundant arising from the closure of the salon on the 22nd.January 2024.She lodged a claim for redundancy in March 2024 but was unable to obtain a response from the respondent or their representatives AJ Brennan and Company .The claimant said the business was a small operation with only 2 staff members , herself and the late Mrs.Lyons.The claimant said that over the years she worked on a part time and full time basis and that her employment records dated back to 2006.It was submitted that as the ground for her dismissal was redundancy the non payment of redundancy was in breach of the Act.

Summary of Respondent’s Case:

The respondent did not attend and was not represented at the hearing .

Findings and Conclusions:

Section 7(2) of the Redundancy Payments Act, 1967, states:

For the purposes of subsection (1), an employee who is dismissed shall be taken to have been dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to –

(a) The fact that his employer has ceased, or intends to cease, to carry on the business in the place where the employee was so employed, or

(b) The fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish…

On the basis of the uncontested evidence of the claimant , I find the complainant’s employment ceased on the 22nd.Jan. 2024 owing to the closure of the salon . The complainant was accordingly dismissed by reason of redundancy.

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.

I find that the complaint under the Redundancy Payments Acts, 1967 – 2012 is well-founded and that the complainant is entitled to a redundancy payment based on the following criteria:

Date of Commencement: 1st.Nov. 1988

Date of Termination: 20th.Jan. 2024

Gross Weekly Pay: This varied according to whether the claimant was working on a Part-time or . Full -time basis

The Claimant submitted bank statements and estimated her average weekly

To be €360

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

Dated: 07th of November 2025

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Key Words: