ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00062075
Parties:
| Complainant | Respondent |
Parties | Rahim Mohinamiah | Raynemill Limited -Sbarro in liquidation. |
Representatives | Self-Represented | By Liquidator correspondence |
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-00075327-001 | 11/09/2025 |
Date of Adjudication Hearing: 01/05/2026
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 Affirmation / Oath was administered to all witnesses present. The legal peril of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered by the Parties but not deemed necessary.
Background:
The issue in contention was the correct start date for the Complainant’s employment with the liquidated company and its legal predecessors.
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1: Summary of Complainant’s Case:
The Complainant maintained, under sworn Oath, that his start date was the 11th of July 2010. His claim for Statutory Redundancy via the Insolvency Scheme of the Department of Social Protection had been reduced and as far as he could ascertain it was based on a start date in July of 2016- his period of his employment with Sanibel Restaurant Ltd which had TUPE transferred to Rayemill Ltd- his last employer. He was claiming for the previous years’ service. He maintained that he was employed from 2010 to 2014 by WS Restaurants Ltd and had transferred to Sanibel Restaurants Ltd in 2014 which had then transferred to Raynemill Ltd in 2016 |
2: Summary of Respondent’s Case:
The case was uncontested – the Liquidator had agreed the 2010 date in his application to the Department of Social Protection. |
3: Findings and Conclusions:
The Complainant gave evidence under sworn oath/affirmation. The Adjudication Officer questioned him closely and asked for whatever documentation he could provide for the 2010 to 2014 period. He forwarded Revenue P21 Balancing statements for the years involved. He also produced Staff roster Sheets for the WS Restaurant period which clearly showed he had been employed in 2010. The Adjudication Officer found his evidence persuasive, both in his demeanour and in his supplied documents. Accordingly, I am happy to award Statutory Redundancy for the period from 11th July 2010 to the 12th March 2025. As his rate of pay was variable but appeared to have been in excess of the Statutory Limit of €600 (he stated an average of € 1,000 per week) the Liquidator and or Revenue/ Social Welfare records can confirm this detail. |
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: 00075327-001
Statutory Redundancy is awarded for the period 11th July 2010 to the 12th March 2025
Dated: 14/05/2026
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy Employment Service |