ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00060826
Parties:
| Complainant | Respondent |
Parties | Emmajane Morris | Elland Clothing Newbridge Limited T/A Born Clothing |
Representatives | Self-represented |
|
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-00074232-001 | 10/08/2025 |
Date of Adjudication Hearing: 18/12/2025
Workplace Relations Commission Adjudication Officer: Bríd Deering
Procedure:
In accordance with s. 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 and to present any evidence relevant to the complaint.
The hearing was scheduled for 10am on 18th December 2025 at the Workplace Relations Commission (WRC) hearing room in Carlow. The Complainant attended the hearing, accompanied by a family member for support. The Respondent did not attend the hearing. The Respondent’s status on the Companies Registration Office website is ‘Normal’. I was satisfied that a registered letter issued to the registered address of the Respondent notifying the Respondent of the date, time, and location of the hearing. After leaving time to accommodate a late arrival, I proceeded with the hearing in the absence of the Respondent. The Complainant was self-represented and gave evidence under affirmation.
Background:
The Complainant contends she did not receive a redundancy payment due to her. |
Summary of Complainant’s Case:
The Complainant worked as a Store Manager with the Respondent since 16th January 2023. On 21st May 2025 the Complainant was informed her role was redundant. The store closed immediately. The Complainant was entitled to 4 weeks’ notice. The Respondent told the Complainant she would receive her weekly wage as normal, every week, for the 4 weeks following 21st May 2025. The Complainant confirmed she received wages each week as promised.
The Complainant worked 38 hours per week. Her gross weekly pay was €691.60. The Respondent acknowledged to the Complainant that she is entitled to a redundancy payment, but despite considerable efforts to obtain same, the Complainant has not yet received this payment. The Complainant stated that the Respondent entered her cessation date with Revenue as 17th June 2025 even though she received her final payslip on 4th July 2025. On 24th July 2025 the Complainant sent a completed RP77 form to the Respondent. She received no response to this correspondence or to several other emails sent to the Respondent. The Complainant contends that the correct termination date is 18th June 2025 as the date the notice was given should not be included in the 4-week notice period. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent at the hearing. |
Findings and Conclusions:
Relevant Law
The Redundancy Payments Acts, 1967 – 2022 (“the Acts”) sets out the general right to a redundancy payment. Section 7(1) of the Acts provides:
“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”.
Section 7(2) of the Acts provides:
“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 . . . .”
Findings Based on the uncontested evidence of the Complainant, I find the Complainant’s employment was terminated by reason of redundancy within the meaning of s. 7(2) of the Redundancy Payments Acts 1967 – 2022, and that the Complainant is entitled to a redundancy payment in accordance with the following criteria:
Employment start date: 16th January 2023. Employment end date: 18th June 2025. Gross weekly remuneration: €691.60.
This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
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 allow this appeal. Accordingly, I find the Complainant is entitled to a redundancy lump sum payment in accordance with the following criteria:
Employment start date: 16th January 2023. Employment end date: 18th June 2025. Gross weekly remuneration: €691.60.
This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 28-01-2026
Workplace Relations Commission Adjudication Officer: Bríd Deering
Key Words:
Redundancy payment. No show Respondent. |