ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00060761
Parties:
| Complainant | Respondent |
Parties | Elizabeth Bradley | Empire Clothing Limited |
Representatives |
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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-00074070-001 | 05/08/2025 |
Date of Adjudication Hearing: 14/04/2026
Workplace Relations Commission Adjudication Officer: Roger McGrath
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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury were explained to all parties.
The matter was heard by way of remote hearing on 14 April 2026, 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.
Background:
The Complainant commenced employment with the Respondent on 27 June 2002. Her employment with the Respondent ended on 31 July 2025. The Complainant believes the respondent company has ceased trading. |
Summary of Complainant’s Case:
The Complainant gave evidence on affirmation at the hearing. She stated that she had commenced employment with the respondent in June 2002. She had been a manager in the Respondent’s shop and had had a good working relationship with the owners. She had worked happily in the shop for many years. At the time the shop closed the Complainant was earning a gross weekly salary of €526.50. In July 2025 she was informed by the owner by voicemail that the shop was closing. She requested her redundancy payment, but the Respondent said he could not pay it. She sent the Respondent a completed RP77 Form,but she was never paid her redundancy entitlements. She believes the Respondent has ceased trading. The Complainant provided several documents to support her belief that the Respondent has ceased trading. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. The Respondent was aware of the hearing date and had informed the WRC that they would not be attending the hearing. They supplied documentary evidence confirming that the entity had indeed ceased trading on 31 July 2025. |
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.
Accordingly, the claim under the Redundancy Payments Acts 1967 to 2012 is allowed and the Complainant is awarded a statutory lump sum under those Acts, and based on the following: Date of Commencement: 27 June 2002 Date of Termination: 31 July 2025 Gross weekly pay: €526.50 This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
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Dated: 22nd April 2026.
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
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