ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059669
Parties:
| Complainant | Respondent |
Parties | Kornelia Ligudzinska | Muckno Hotels Limited T/A The Glencarn Hotel |
Representatives | Geraldine Duffy Monaghan Citizens Information Centre | Did not attend |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00072652-001 | 20/06/2025 |
Date of Adjudication Hearing: 28/01/2026
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
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.
The hearing was heard remotely, 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. The Complainant was sworn in at the commencement of the hearing.
Background:
The Complainant contends she did not receive a redundancy payment due to her. |
Summary of Complainant’s Case:
The Complainant was employed as a bar attendant with the Respondent since 18 September 2021. The Complainant worked 30 hours per week. Her gross weekly pay was €345.57. The Complainant states that the Respondent ceased trading and her work had ceased. The Complainant sent a completed RP77 form to the Respondent, however there was no response to this correspondence. The Complainant states that the termination date of her employment is 3 April 2025. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent at the hearing. |
Findings and Conclusions:
Relevant Law
The Redundancy Payments Acts, 1967 – 2022 (“the Acts”) sets out the general right to a redundancy payment. Section 7(1) of the Acts provides:
“An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided— (a) he has been employed for the requisite period, and (b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of four years ending on that date”.
Section 7(2) of the Acts provides:
“For the purposes of subsection (1), an employee who is dismissed shall be taken to be 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 for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that 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, or (c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise, or (d) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, or (e) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained . . . .”
Findings Based on the uncontested evidence of the Complainant, I find the Complainant’s employment was terminated by reason of redundancy within the meaning of s. 7(2) of the Redundancy Payments Acts 1967 – 2022, and that the Complainant is entitled to a redundancy payment in accordance with the following criteria:
Employment start date: 18 September 2021.
Employment end date: 3 April 2025.
Gross weekly remuneration: €345.57.
This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
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 the Complainant is entitled to a redundancy lump sum payment in accordance with the following criteria:
Employment start date: 18 September 2021.
Employment end date: 3 April 2025.
Gross weekly remuneration: €345.57.
This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 16th April 2026
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Redundancy payment. No show Respondent. |