ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00062277
Parties:
| Complainant | Respondent |
Parties | Siobhan Jessop | Chamberbrook Limited (in Liquidation) |
Representatives | Self-Represented | Mr. Stephen Scott ,Smith & Williamson Limited |
Complaint:
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-00074944-001 | 29/08/2025 |
Date of Adjudication Hearing: 02/06/2026
Workplace Relations Commission Adjudication Officer: Brian Dolan
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.
Background:
The Complainant commenced employment with the Respondent on 31st August 2021. The Complainant was a full-time, permanent employee. On 31th March 2025 the Complainant’s employment was terminated as her former employer ceased trading.
On 29th August 2025, the Complainant referred the present complaint to the Commission, herein she alleged that the termination of her employment was on the grounds of redundancy, and consequently, she was entitled to a statutory redundancy payment. No submission disputing this allegation was received from the Respondent.
A hearing in relation to this matter was convened for, and finalised on, 2nd June 2026. This hearing was held in person at Mullingar Courthouse, Co. Westmeath.
In advance of the hearing, a liquidator appointed to the Respondent informed an agent of the Commission that he was aware of the time, date and venue of the hearing, but that he did not intend on attending the same. On foot of this information the hearing proceeded in the Respondent’s absence. It was further noted the substantive complaint was not disputed by the Respondent.
The Complainant gave evidence under affirmation in support of her allegation.
|
Summary of the Complainant’s Case:
In evidence, the Complainant stated that she was employed in the kitchen area of the Respondent. She stated that she commenced employment on 31st August 2021 and received an average weekly payment of €5160.30. The Complainant stated that the business closed on 31st March 2025, and that her employment was terminated on the grounds of redundancy on that date. No statutory redundancy payment was received from this date |
Summary of the Respondent’s Case:
As set out above, the Respondent did not attend the hearing as scheduled. In circumstances whereby they were on notice of the time, date and venue of the hearing, the matter proceeded in their absence. |
Findings and Conclusions:
The Complainant has alleged that she is entitled to a statutory redundancy payment. The evidence in this regard was uncontested by the Respondent, either by way of opposing submission or contradictory witness evidence. Section 7(2)a of the Redundancy Payments Acts lists the following situation as a valid ground for redundancy; “…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”. This section clearly describes what has occurred in this instance- the Complainant’s employer ceased to carry on business, effectively making her role redundant. Having regard to the foregoing, and in circumstances whereby the Complainant did not receive a statutory redundancy payment, I allow the Complainant’s appeal. |
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 in favour of the Complainant and allow the Complainant’s appeal. In the circumstances the Complainant is entitled to a statutory redundancy payment based on the following information. Date of Commencement: 31st August 2021 Date of Termination: 31st March 2025 Average Weekly Wage: €516.30 |
Dated: 27-08-26
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Redundancy, Liquidation |
