ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00062420
Parties:
| Complainant | Respondent |
Parties | Bijo Albert | Cappoglen Limited Nursing Home |
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-00076073-001 | 06/10/2025 |
Date of Adjudication Hearing: 06/07/2026
Workplace Relations Commission Adjudication Officer: Louise Boyle
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. Parties were advised in advance of the hearing that following the delivery of a judgement of the Supreme Court in Zalewski v Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 that the hearing would be held in public, that an Adjudication Officer may take evidence under oath or affirmation and reminded that cross examination was permitted. Where submissions from parties were received, they were exchanged. The complainant attended and also Anita Albert for support and the complainant gave evidence under affirmation and the respondent did not attend.
Background:
The complainant submits that he did not receive redundancy payment and the respondent did not attend. |
Summary of Complainant’s Case:
The complainant gave evidence that his gross weekly was €418.50 and he commenced employment on 08/02/2023 and employment ended on 18/04/2025 and he worked as a kitchen assistant. His wife also worked there and he was told that the respondent was closing as they were loosing money and this was not obvious to him. On 03/04/2025 he received notice that the respondent would close sooner than expected and employment would end on 18/04/2025. He was told he would be paid redundancy and that this redundancy would be paid even if he secured employment elsewhere but it was not paid and no reason given. The complainant sent in a RP77 form also on 08/09/2025. |
Summary of Respondent’s Case:
The respondent did not attend and correspondence send was returned unopened. |
Findings and Conclusions:
The complainant submits he commenced employment on 08/02/2023 and employment ended on 18/04/2025 owing to redundancy and that he did not receive redundancy payment. The respondent did not attend and I am satisfied that they were on notice of the hearing.
Taking into consideration all the submissions and evidence, I find that the appeal under the Redundancy Payments Acts 1967 to 2007 succeeds and is allowed and award the complainant a redundancy lump sum based on the following: Date of Commencement: 08/02/2023 Date of Termination: 18/04/2025 Gross Weekly Pay: €418.50 This award is subject to the complainant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Acts.
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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.
Taking into consideration all the submissions and evidence, I find that the appeal under the Redundancy Payments Acts 1967 to 2007 succeeds and is allowed and award the complainant a redundancy lump sum based on the following: Date of Commencement: 08/02/2023 Date of Termination: 18/04/2025 Gross Weekly Pay: €418.50 This award is subject to the complainant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Acts. |
Dated: 10/08/2026
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Redundancy, closure |