ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00061738

Parties:

Complaint:

Date of Adjudication Hearing:  25/02/2026

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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 was made redundant with effect from 30 May 2025 and did not receive her statutory redundancy lump sum.

Summary of Complainant’s Case:

The Complainant was employed in the Respondent’s Nursing home from 19 April 2008.  In March 2025 she received notice of the Nursing Home closing down. In April 2025 it was confirmed to her by the Proprietor that the final date was 30 May 2025 and that she would receive her statutory entitlements and she was given the calculation of same.  However, despite many efforts, including serving an RP77, no redundancy lump sum was given to her.  The Complainant noted that in 2017 the employer registered as a company resulting in the current name of the Respondent but this did not affect her service or statutory entitlements.

Summary of Respondent’s Case:

The Respondent was notified of the hearing arrangements and did not attend or send an explanation for non-attendance.

Findings and Conclusions:

Section 7 of the Redundancy Payments Act 1967 provides for an employee’s right to redundancy payment as follows:

“7 – (1) An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short term 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…

(2) 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..

Based on the information provided by the Complainant, I find that she is entitled to a redundancy lump sum 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 lump sum payment based on the following criteria:

Date of commencement of employment:                             19 April 2008

Date of termination of employment:                      30 May 2025

Gross weekly pay:                                                       €217.75

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

Dated:   10TH April 2026

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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