ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00063036

Parties:

	Complainant	Respondent
Parties	Oisin Hanbury	Heather Foods And Catering Ltd

Representatives

None

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-00076738-001	23/10/2025

Date of Adjudication Hearing: 03/03/2026

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 3rd March 2026 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 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.

Background:

The Complainant contends he did not receive a redundancy payment due to him.

Summary of Complainant’s Case:

The Complainant worked as a part-time waiter with the Respondent from 2nd December 2022 until 12th October 2025. The Respondent operates restaurants and provides catering facilities at different locations. The Complainant worked an average of 20 hours per week in the 52 weeks preceding his dismissal. He earned €12.70 per hour.

In October 2025 the Complainant was informed his role was redundant. The Respondent wrote to the Complainant on 20th October 2025 (a copy of this letter was opened to the hearing) to confirm his position had become redundant due to the closure of the business effective 12th October 2025. The Complainant outlined that the café/restaurant where he worked remains open, but several staff were made redundant.

Summary of Respondent’s Case:

There was no appearance by or on behalf of the Respondent at the hearing. No contact was received by or on behalf of the Respondent prior to or after the hearing to indicate any difficulty with attending 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:

(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 . . . . ”

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. The Complainant outlined his employment was terminated on 12th October 2025, in line with the Respondent’s letter of 20th October 2025 which refers to his employment having already ended on 12th October 2025. I find the Complainant is entitled to a redundancy payment in accordance with the following criteria:

Employment start date: 2nd December 2022.

Employment end date: 12th October 2025.

Gross weekly remuneration: €254.

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: 2nd December 2022.

Employment end date: 12th October 2025.

Gross weekly remuneration: €254.

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

Dated: 5th March 2026

Workplace Relations Commission Adjudication Officer: Bríd Deering

Key Words:

Redundancy payment. No show Respondent.