ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00064327
Parties:
| Complainant | Respondent |
Parties | Aditya Kannan | Everyangle Ltd. |
Representatives |
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Complaint:
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-00078311-001 | 05/12/2025 |
Date of Adjudication Hearing: 20/04/2026
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
Pursuant to Section 39 of the Redundancy Payment Act of 1967 (as amended) it is directed that the manner of hearing prescribed in Section 41 of the Workplace Relations Act of 2015 shall apply to any question, dispute, complaint or appeal referred to the Director General under the Redundancy Payments Acts of 1967 – 2014.
I have accordingly been directed by the Director General of the Adjudication services, to hear the within complaint and I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
Under the Redundancy Payments Acts, an eligible employee who is found to be redundant is entitled to a statutory redundancy payment for every year of service (per Section 7 of the Redundancy Payment Act of 1967). The Acts provide for a payment of two weeks gross pay for each year of service. There is a pro rata element for any additional months and weeks worked beyond each anniversary of the start date. A further bonus week is added to this. An eligible employee is one with 104 weeks of continuous employment with an employer and whose position has ceased to exist. The calculation of Gross weekly pay is subject to a ceiling of €600.00. Gross pay is the current normal weekly pay including average regular overtime and benefits-in-kind and before tax and PRSI deductions. A Redundancy payment is generally tax free.
A complainant must be able to show a minimum two years (104 weeks) of service in the employment. The Complainant herein qualifies.
Responsibility to pay Statutory Redundancy rests with the Employer. Where an employer can prove to the satisfaction of the Department of Employment Affairs and Social Protection that it is unable to pay Statutory Redundancy to an eligible applicant, the Department will make payments directly to that employee and may seek to recover as against the Employer independently. Such claims must be submitted on form RP50 which may be signed by both employer and employee (to be accompanied with a Statement of Affairs).
In the event that an Employer refuses to engage with an employee in this way, it is open to the employee to bring an appropriate complaint before the Workplace Relations Commission as set out in Section 38(15) of the 1967 Act.
Background:
This hearing was conducted in person in the Workplace Relations Commission situate in Lansdowne Road, Dublin. In line with the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021] IESC 24 (delivered on the 6th of April 2021) the hearing was conducted in recognition of the fact that the proceedings constitute the administration of Justice. It was therefore open to members of the public to attend this hearing. In line with the coming into effect of the Workplace Relations (Miscellaneous Provisions) Act, 2021 on the 29th of July 2021, I can confirm that the witnesses herein were required to give their evidence on oath or affirmation. This was done in anticipation of the fact that there may have been a serious and direct conflict in evidence between the parties to the complaint. It is noted that the giving of false statement or evidence is an offence. The specific details of the complaint are outlined in the Workplace Relations Complaint Form which was received by the WRC on the 5th of December 2025. |
Summary of Complainant’s Case:
The Complainant represented himself at the hearing |
Summary of Respondent’s Case:
The Respondent did not attend. I am satisfied that the Respondent was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 18th of February 2026. |
Findings and Conclusions:
I have carefully listened to and considered the evidence that the Complainant adduced in the course of the hearing. The Respondent did not attend and therefore did not challenge the veracity of the Complainant’s case. I am also satisfied that the Complainant is correct in his assertion that his Employer miscalculated his Statutory Redundancy when his Employer failed to include the pro rata element of the time service. In this instance, the Complainant worked .55 of a year over and above the last anniversary of his start date. The Redundancy Calculator calculated the Complainant’s entitlements as follows: Calculation of statutory redundancy Employment start date 21/4/2020 Employment end date 7/11/2025 Years 5.55 Total weeks 12.1 Statutory entitlement 12.1 X €600.00 = €7,260.00 However, the Employer only paid the sum of €6,600.00 leaving the Complainant shy of his Statutory Redundancy entitlement in the amount of €660.00 |
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.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 CA-00078311-001 – Employment start date 21/4/2020 Employment end date 7/11/2025 Gross weekly wage €1,347.00 This is a case of a Statutory Redundancy shortfall where the sum of €6,600.00 has already been discharged and the sum of €660.00 is still owing. |
Dated: 28-04-2026
Workplace Relations Commission Adjudication Officer: Penelope McGrath
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