Complainant

Respondent

Parties

Colm  Brogan

PJ Lonergan Electrical Limited,  In Liquidation

Representatives

Self-Represented

Nonattendance

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-00077101-001

03/11/2025

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

As the respondent did not attend the hearing, the evidence before the hearing was not contested however the complainant provided his evidence under affirmation. 

The respondent did not attend the hearing of the matter.  The liquidator was notified of the details and respondent to the notification sent.

The complainant submitted that he was employed by the respondent from 24 October 2016 until 26 February 2024 when his employment came to an end by way of redundancy.

The complainant stated that his employment ended due to the liquidation of the respondent The complainant indicated that he had tried to secure a redundancy payment and ultimately the employer agreed to pay his redundancy payment by way of instalments.

The employer concluded an agreement to pay a total of €9,240 paying €6,972 over a nine-month period.  However, the employer failed to make a payment on 15 July 2025 giving rise the present complaint.

The complainant indicated that he sought payment from the Social Welfare fund but was informed that his application was out of time.  The correspondence from the liquidator confirmed this.

The respondent or the liquidator did not attend the hearing of this matter.

Section 24 of the Redundancy Payments Act 1967 deals with time-limits on claims for a redundancy payment and states as follows:

24.—Notwithstanding any other provision of this Act, an employee shall not be entitled to a lump sum unless before the end of the period of 52 weeks beginning on the date of dismissal or the date of termination of employment—

(a) the payment has been agreed and paid, or

(b) the employee has made a claim for the payment by notice in writing given to the employer, or

(c) a question as to the right of the employee to the payment, or as to the amount of the payment, has been referred to the Director General under section 39.

(2) Notwithstanding any provision of this Act, an employee shall not be entitled to a weekly payment unless he has become entitled to a lump sum.

(2A) Where an employee who fails to make a claim for a lump sum within the period of 52 weeks mentioned in subsection (1) (as amended) makes such a claim before the end of the period of 104 weeks beginning on the date of dismissal or the date of termination of employment, the adjudication officer, if he is satisfied that the employee would have been entitled to the lump sum and that the failure was due to a reasonable cause, may declare the employee to be entitled to the lump sum and the employee shall thereupon become so entitled.

Having regard to the foregoing and to the failure of the employer to adhere to the payment schedule agreed with the employee, I am satisfied that this amounts to a reasonable cause to account for the delay in applying for the payment of the redundancy lump sum.

The complainant confirmed that he was part-paid the agreed redundancy payment in the amount of €6,792.

The complainant submitted that he was employed by the respondent from 24 October 2016 until 26 February 2024 when he was made redundant.

The complainant stated that his employment ended due to redundancy as the employer ceased trading and went into liquidation.  He provided documentary proof of this which was supported by the liquidator’s confirmation. 

Section 7(1) and (2) of the Redundancy Payments Act, 1967 states 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-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.

(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, 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,

Having regard to the foregoing, and to the uncontested evidence provided by the complaint, I am satisfied that his employment came to an end by way of redundancy in accordance with the Act on 26 February 2024.

I find that the complainant has established an entitlement to a redundancy payment in accordance with the Act and accordingly, I find favour of the worker in the appeal of the employer’s decision to deny his redundancy.

Having considered all the relevant information provided by the complainant, I am satisfied that the complainant has established that he is entitled to a redundancy payment in accordance with the Acts.  My decision is to allow the complainant’s appeal against the decision of the employer.

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: 24 October 2007

Date of Termination: 26 February 2024

Gross Weekly Pay: €955.47

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

Redundancy Payments Act – time limits – Reasonable cause to extend to 104 weeks – entitlement to a redundancy payment established