Complainant

Respondent

Parties

Patrick  Brien

Airport Hopper Holdings Ltd T/A Airport Hopper Holdings

Representatives

Self-represented

Nonattendance

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-00073451-001

15/07/2025

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant gave his evidence under affirmation.  The respondent did not attend the hearing.

The Respondent is listed as normal on the CRO, and the documents were properly sent to their listed address. I am satisfied that the Respondent is properly on notice.

The hearing proceeded in the absence of the respondent.

The complainant submitted that he was employed with the respondent from 2 January 2023 until his employment ceased by way of redundancy on 10 February 2025 when the employer ceased trading from the depot unit it was based in.

He indicated that he was paid around €40,000 per year and provided payslips to the WRC after the hearing concluded in support of his complaint. The payslips indicated that the complainant was paid a salary of €31,166.07 annually and was also paid subsistence allowances of €8,972.87 for the year

The respondent did not attend the hearing of this matter.

The complainant submitted that he was employed by the respondent from 02 January 2023 until10 February 2025 when he was made redundant.

The complainant stated that his employment ended due to redundancy and that this is supported by press coverage at the time.

Section 7(1) and (2) of the Redundancy Payments Act, 1967 states as follows:

7.—(1) 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.

(2) 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,

Having regard to the foregoing, and to the uncontested evidence provided by the complaint, I am satisfied that his employment came to an end by way of redundancy in accordance with the Act on 31 July 2025.

Having considered all the relevant information provided by the complainant, I am satisfied that the complainant has established that he is entitled to a redundancy payment in accordance with the Acts.  My decision is to allow the complainant’s appeal against the decision of the employer.

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 complainant is entitled to a statutory redundancy payment based on the following criteria:

Date of Commencement: 2 January 2023

Date of Termination: 10 February 2025

Gross Fortnightly Pay: €1194.56 Salary plus €343.92 Subsistence

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

Redundancy Payments Act – entitlement to payment established