ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00064091
Parties:
| Complainant | Respondent |
Parties | Brandon Gorman | Kelly Brother Insulations Ltd |
Representatives | Self-represented | Linda Whelan - Respondent Accountant |
Complaint(s):
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-00077694-001 | 18/11/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00077694-002 | 18/11/2025 |
Date of Adjudication Hearing: 06/03/2026
Workplace Relations Commission Adjudication Officer: Dónal Moore, BL
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 by me and to present to me any evidence relevant to the complaints.
I have taken the time to carefully review all the evidence both written and oral. I have noted the respective position of the parties. I am not required to provide a line for line rebuttal of the evidence and submissions that I have rejected or deemed superfluous to the main findings. I am guided by the reasoning in Faulkner v. The Minister for Industry and Commerce [1997] E.L.R. 107 where it was held that minute analysis or reasons are not required to be given by administrative tribunals and only broad reasons need be given. I am required to set out such evidential material which is fundamentally relevant to the decision per MacMenamin J. in Nano Nagle School v Daly [2019] IESC 63
The parties put me on notice that the facts in the case are not dispute nor contested and it was not necessary to put parties on notice or for cross examination.
For the Complainant the hearing was attended by Mr Gorman who appeared as a litigant in person. For the Respondent the hearing was attended by, Ms Whelan (Accountant) and Mr Kelly (Director) , and they gave evidence under Oath affirmation and were cross examined. No other witnesses were produced.
I allowed the parties to make representation for me and, where appropriate, I made my own enquiries. Having asked the attendees, and having satisfied myself, that I had heard all the relevant submissions sent to me I formally closed the hearing.
Background:
The Employment Rights Complaint submitted to the Commission on 18 November 2025. The complainant reports that their employment with the Respondent ended on 30 September 2025 and commenced 25/06/2023 giving them 104 weeks service and within statutory time limits. The complainant states that they did not receive a redundancy payment following the termination of their employment. They have requested redundancy payment from the employer, but according to the form, they have not applied to the Department of Social Protection and have not received a redundancy certificate from the employer. Two redundancy‑related complaints are filed, both seeking adjudication under Section 39 of the Redundancy Payments Act 1967 |
Summary of Complainant’s Case:
The Complainant sets out that they have not been paid redundancy The individual confirms that they have not applied to the Department of Social Protection for redundancy because they were unsure of the process. They state that their employer has not issued a redundancy certificate, although the employer indicated that they are entitled to redundancy pay. The individual also states that they have requested the redundancy payment from the employer through email, phone communication, and by submitting an RP77 form. They note that the employer, Kelly Brothers Insulation, appears to still be taking on new work according to Indeed, and that the employer’s accountant continues to send them payslips. The Complainant raised issues in relation to bank holiday pay, notice pay and undischarged holidays at the hearing. |
Summary of Respondent’s Case:
The Respondent’s accountant confirms that the statutory redundancy entitlement of €3,300 is accepted and not in dispute. The Respondent is a newly established company operating under the Relevant Contracts Tax (RCT) system. Because substantial RCT deductions have been withheld by Revenue and, under current rules for new companies, those credits cannot be refunded for two years, the Respondent cannot presently access these funds. The company therefore has no available liquid resources, no overdraft facility, and no external funding to make the redundancy payment at this time. It maintains that it is not refusing payment, remains a viable trading business, and intends to meet its obligations when funds become accessible. The correspondence notes that the Complainant may wish to consider an application under the Department of Social Protection’s Insolvency Payments Scheme. |
Findings and Conclusions:
The Complainant raised issues in relation to bank holiday pay, notice pay and undischarged holidays, it was explained to the parties that I had no complaints of that nature in front of me and I could not consider them. The parties were not at loggerheads and appeared to in an amiable enough position to sort this matter between them and they undertook to do so. The Complainant referred has a double entry under the same facts- the Complainant formally withdrew CA-00077694-002 and this leave only CA-00077694-001 for my decision. There is agreement that there is a redundancy and that there is a payment due under the act. I have calculated the following on MyWelfare, Department of Social Protection - Redundancy Calculator Calculation of statutory redundancy Employment start date: 25/6/2023 Employment end date: 30/9/2025 Years: 2.27 Days: 39 Number of years’ service: 2.27 Bonus week: 1 Total weeks: 5.54
Statutory entitlement 5.54 X €600.00 = €3,324.00 (Weeks multiplied by Gross weekly Wage. Gross weekly wage capped at €600)
CA-00077694-001 This complaint is well founded, and the Complainant is to be paid €3,324.00 to satisfy the statutory redundancy payment.
CA-00077694-002 Complainant formally withdrew this complaint. |
Decision:
Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 requires that I make a decision in relation to the complaint in relation to the complaint in accordance with the relevant redress provisions under the Acts.
CA-00077694-001 This complaint is well founded, and the Complainant is to be paid €3,324.00 to satisfy the statutory redundancy payment.
CA-00077694-002 Complainant formally withdrew this complaint. |
Dated: 6th of March 2026.
Workplace Relations Commission Adjudication Officer: Dónal Moore, BL
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