ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00062596
Parties:
| Complainant | Respondent |
Parties | Gustavo Mosqueda | Donuts C&B Limited |
Representatives | Represented himself | Did not attend the hearing |
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-00075741-001 | 25/09/2025 |
Date of Adjudication Hearing: 07/05/2026
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014, this complaint was assigned to me by the Director General. I conducted a hearing on May 7th 2026 and gave the parties an opportunity to be heard and to present evidence relevant to the complaint. The complainant, Mr Gustavo Mosqueda, represented himself at the hearing, with the assistance of a Spanish interpreter, Ms Inma Romera. No one attended to represent Mr Mosqueda’s former employer, Donuts C&B Limited. I am satisfied that, on March 12th 2026, notice of the hearing was sent to the company secretary, Mr Gregory Bartoszko, at the registered address of the company and to Mr Bartoszko’s address given on the annual return filed with the Companies Registration Office. In the absence of any submission from the respondent, I have reached the conclusion set out below based solely on the evidence of the complainant, Mr Mosqueda.
Summary of Complainant’s Case:
Mr Mosqueda informed me that Donuts C&B Limited had a lease on a retail unit at 6 Upper O’Connell Street in Dublin and traded as the Hot Donut. On January 23rd 2023, while he was studying for a master’s degree, Mr Mosqueda commenced working there as a barista. He said that he was one of around 10 employees. When the business closed in March 2025, he was a manager. His hourly rate at the termination of his employment was €14.50. Mr Mosqueda said that he generally worked about 30 hours per week. Payslips that he provided in advance of the hearing show that he earned between €330 and €400 per week, depending on the hours he worked. In his evidence at the hearing, Mr Mosqueda said that on the first weekend of March 2025, one of the owners of the business, Mr Gregory Bartoszko, told the employees that the Donut shop would be closing for refurbishment. However, the shop didn’t re-open. Mr Mosqueda provided documents that show that there was a dispute between Donuts C&B Limited and the landlord about arrears of rent. The documents show that, in mid-March 2025, the landlord entered into a lease with a new tenant. Mr Mosqueda believes that his job is redundant and, when he didn’t receive a redundancy payment, on July 8th 2025, he sent a form RP77 to Mr Bartoszko at his home address. He got no reply and he got no reply when he tried to contact Mr Bartoszko by telephone. Mr Mosqueda claims that he has been dismissed by Donuts C&B Limited due to the closure of the business and that he is entitled to a statutory redundancy payment. |
Findings and Conclusions:
Section 7 of the Redundancy Payments Act 1967 sets out five specific circumstances in which an employee may be entitled to a redundancy payment, the first of which is: “(a) the fact his employer has ceased or intends to cease to carry on the business for the purpose 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[.]” As Mr Mosqueda’s employer has ceased operations in the place where he was employed, his job has become redundant. As he has completed more than two years of service, he is entitled to a redundancy payment. |
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.
Subject to his PRSI contribution status, I have decided that Mr Mosqueda is entitled to a statutory redundancy payment based on his service from January 23rd 2023 until March 3rd 2025. As his weekly hours were variable, in accordance with paragraph 20 of the Third Schedule of the Redundancy Payments Act 1967 (as amended), the amount of his redundancy payment should be based on his average weekly pay over the 52 weeks ending on his last day at work, subject to the statutory ceiling of €600 per week. |
Dated: 8th May 2026
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Redundancy payment, business closure |