ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00059327

Parties:

Complaint:

Date of Adjudication Hearing:  06/10/2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967, 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 claims statutory redundancy.

Summary of Complainant’s Case:

The Complainant was employed by the Respondent from 31 December 2015 to 28 March 2025 on €403 for a 20-hour week.  She claims statutory redundancy as the business has not been in operation since she was laid off at the end of January 2025.

Summary of Respondent’s Case:

The Respondent explained that an issue arose which halted business and has been ongoing for many months and has resulted in complete loss of business.  There is no issue or disagreement around the dates of employment and weekly wage.

Findings and Conclusions:

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

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…

I find that the Complainant is entitled to a statutory redundancy payment.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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.

 I have decided that the Complainant is entitled to a statutory redundancy payment based on the following criteria:

Date of Commencement:     31 December 2015

Date of Termination:             28 March 2025

Gross Weekly Pay:                   €403

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

Dated:   17th November 2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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