ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00061781

Parties:

Complaint:

Date of Adjudication Hearing:  28/01/2026

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 Act 1967, 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 was employed from 23 July 2010 and was made redundant on 31 May 2025 when the nursing home in which she was employed closed. 

Summary of Complainant’s Case:

The Complainant was employed as a Care Assistant by the Respondent from 23 July 2010 to 31 May 2025.  On 3 April 2025 she received notice of the fact that the Nursing Home was being closed and was advised that a redundancy payment of €15,026 was to be paid.  The Respondent however, did not follow up with payment and despite RP77 forms being sent to her by the Complainant, failed to respond to pay the Complainant her statutory entitlements.  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 did not attend the hearing or send a representative.

Findings and Conclusions:

Section 7 of the Redundancy Payments Act 1967 provides for the general right to a redundancy payment provided the employee has been employed for the requisite period and was an employed contributor under the Social Welfare Acts.

Section 7 (2) states:

For the purposes of subsection (1), an employee who is dismissed shall be taken to have been 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 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…

In this case, I find that the Complainant was employed in the employment for over 14 years and I find that the complaint under the Redundancy Payments Act, 1967 is well-founded.  

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 complaint under the Redundancy Payments Act, 1967 is well-founded. and that the complainant is entitled to a redundancy payment based on the following criteria:

Date of Commencement:     23 July 2010

Date of Termination:             31 May 2025

Gross Weekly Pay:                   €502.43

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

Dated:   30th January 2026

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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