ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00060578
Parties:
| Complainant | Respondent |
Parties | Aline Roberta Leao | The Abbey Lane Hotel (Trading) Ltd |
Representatives | Employment Consultant, T Mc Mahon | Unrepresented |
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-00072485-001 | 16/06/2025 |
Date of Adjudication Hearing: 10/02/2026
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Oath / Affirmation was administered to all witnesses present. The legal peril of committing Perjury was explained to all parties.
No issue regarding confidentiality arose.
Background:
The issue in contention concerns a claim for Statutory Redundancy by a Hotel Receptionist. The employment began on the 4th June 2018 and ended on the 14th October 2024. The rate of pay was stated by the Complainant to have been € 13:50 per hour for a 38-and-a-half-hour week. |
Opening Issue: Name of employer
The exact name of the Respondent Employer lacked clarification as the Premises had closed and reopened for business with it appeared a number of possible Legal entities.
In this context the Adjudication Officer felt constrained to use the last know name of the former Employer -i.e. the employer stated in Hotel closure Notice of the 14th October 2024. – Abbey Lane Hotel Trading Ltd. From the sworn evidence of the Complainant, it appeared that she could establish a sufficient employment linkage to this company albeit her initial employer had been a Company called Mulligan and Haines.
Efforts to establish more precise facts were made by the Adjudicator but were unsuccessful.
The current Operators of the Hotel Premises submitted detailed evidence to argue that they were never the employer of the Complainant.
1: Summary of Complainant’s Case:
The Complainant was represented Consultant, T McMahon. Oral evidence was given and a Written Submission was provided. She had worked without interruption from the 4th June 2028 to the 28th October 2024. She had been on maternity leave from 4th March 2024 to the 14th October 2024. On her return she was informed that the Hotel was closing. She never resumed work there. Accordingly, she is claiming Statutory Redundancy for the period in question. |
2: Summary of Respondent’s Case:
There was no Respondent representation and no evidence was presented. |
3: Findings and Conclusions:
Accepting that there was an issue of the identity of the final and correct Employer the sworn evidence of the Complainant was persuasive of her entitlement to a Statutory Redundancy Payment for the period from 4th June 2018 to the 14th October 2024. It is awarded in her favour. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and 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 of the cited Acts.
CA: 00072485-001
Statutory Redundancy for the period from 4th June 2018 to the 14th October 2024 is awarded to the Complainant.
(It has to be noted that details of her actual service across employers may need to be corroborated by the Records held by the Revenue and or the Department of Social Protection.)
Dated: 9th of July 2026
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy |