ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00063757
Parties:
| Complainant | Respondent |
Parties | Amanda Walsh | Heather Foods & Catering Limited |
Representatives | Self-represented | No Attendance |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00077749-001 | 19/11/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00077749-002 | 19/11/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00077749-003 | 19/11/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00077749-004 | 19/11/2025 |
Date of Adjudication Hearing: 20/07/2026
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard and to present any evidence relevant to the complaints. The hearing was held in the Hearing Rooms of the Workplace Relations Commission (WRC), Carlow. The complainant, Ms. Walsh attended the hearing and gave evidence under oath. There was no representative of the respondent company in attendance at the hearing. As the company is registered on the company registration website as ‘normal’ and the notice of hearing was sent to the correct registered address, I decided to proceed with the hearing. During the hearing, the complainant withdrew the complaint under the Organisation of Working Time Act (CA-00077749-003).
Background:
The complainant submitted complaints to the WRC that she was not paid wages, accrued annual leave, redundancy and minimum notice. |
Summary of Complainant’s Case:
Ms. Walsh gave testimony that she commenced employment on 18th May 2023 and was made redundant on 13th October 2025. She put into evidence a letter she received from the company owner on 20th October 2025 which confirmed that the business was forced to close due to insolvency and there was no means of paying wages or redundancy. She said that up to 4th September 2025 she worked 35 hours or more per week. She said she worked part-time hours of at least 14 hrs from 4th September 2025. She put into evidence the wages she earned over the previous 52 weeks. She confirmed that she had not received a redundancy payment. She said she was owed two weeks wages when the business closed which amounted to €508.26 gross. She said she was also owed 14 hours accrued annual leave at €13.50 per hour which was a gross payment of €189.00. She said she did not receive notice when the business closed on 13th October 2025. |
Summary of Respondent’s Case:
A representative of the respondent did not attend the hearing. I am satisfied that notice of the hearing was sent to the correct business address as per the company registration website. |
Findings and Conclusions:
CA-00077749-001- Payment of Wages Complaint The Law Section 5 (1) of the Payment of Wages Act 1991 provides- An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless- (a) the deduction is required or authorised to be made by virtue of any statute or any instrument made under statute, (b) the deduction is required or authorised to be made by virtue of a term of the employee’s contract of employment included in the contract before, and in force at the time of, the deduction or payment, or (c) in the case of a deduction, the employee has given prior consent in writing to it. Finding The first issue to be decided is whether wages were properly payable. Having enquired into the complaint and based on the uncontested testimony, I find that there has been a breach of Section 5 of the Payment of Wages Act in that the complainant was not paid wages or accrued annual leave when the business closed. Wages The complainant gave evidence that she was owed two weeks’ wages at the time of closure. This is corroborated by the correspondence sent by the owner which states there was no means of paying the wages due. I declare the complaint well founded and that gross wages of €508.26 is payable by the respondent to the complainant. Annual Leave I am satisfied from the uncontested testimony of the complainant that she was owed a gross payment of €189.00 for accrued annual leave. I declare the complaint well founded and require the respondent to pay gross wages of €189.00 to the complainant for accrued annual leave. CA-00077749-002- Redundancy Complaint The Law Schedule 3, paragraph 20 of the Redundancy Payment Act provides- For the purposes of this Schedule, in the case of an employee who has no normal working hours, his normal weekly remuneration shall be taken to be the average weekly remuneration, including any bonus, pay allowance or commission, received by the employee concerned over the period of 52 weeks during which he was actually working immediately prior to the date on which he was declared redundant. Finding I am satisfied with the testimony of the complainant that she commenced employment on 18th May 2023 and was made redundant on 13th October 2025. The correspondence from the company owner of 20th October 2025 corroborates that the company was insolvent and that she was being made redundant. I have averaged the wages earned over the previous 52 weeks’ which amounts to €452.96 gross. I allow the complainant’s appeal and find that she is entitled to a statutory redundancy lump sum payment under the Redundancy Payments Acts 1967-2014 as below- -Date of commencement of employment 18th May 2023 -Date of termination 13th October 2025 -Gross weekly wage €452.96 The award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. CA-00077749-003- Organisation of Working Time Complaint The complainant withdrew this complaint. I find this complaint not well founded. CA-00077749-004- Minimum Notice Complaint The Law Section 4 of the Minimum Notice and Terms of Employment Act 1973 provides for an employer to give notice based on the service of the employee. The section provides for notice of two-weeks’ for an employee with over two years’ service. Finding The complainant’s uncontested testimony is corroborated by the correspondence received by the company owner confirming that the business was closing with immediate effect. As the complainant had over two-years’ service with the respondent, she is entitled to two-weeks’ notice. I decide that the Act was contravened and the respondent should pay gross wages of €508.26 to the complainant. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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.
CA-00077749-001- Payment of Wages Complaint Wages I declare the complaint well founded and that gross wages of €508.26 is payable by the respondent to the complainant. Accrued Annual Leave I declare the complaint well founded and require the respondent to pay gross wages of €189.00 to the complainant for accrued annual leave. CA-00077749-002- Redundancy Complaint I allow the complainant’s appeal and find that she is entitled to a statutory redundancy lump sum payment under the Redundancy Payments Acts 1967-2014 as below- -Date of commencement of employment 18th May 2023 -Date of termination 13th October 2025 -Gross weekly wage €452.96 The award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. CA-00077749-003- Organisation of Working Time Complaint The complainant withdrew this complaint. I find this complaint not well founded. CA-00077749-004- Minimum Notice Complaint I decide that the Act was contravened and the respondent should pay gross wages of €508.26 to the complainant. |
Dated: 22nd July 2026
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Payment of Wages, Redundancy, Minimum Notice |