Complainant

Respondent

Parties

Therese  Dervan

Emijel Ltd Jumpngyms

Representatives

Julia Sweetnam SIPTU

 Did not attend.

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-00078635-001

15/12/2025

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00078635-002

15/12/2025

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00078635-003

15/12/2025

The complainant was employed by the Respondent from 24th June 2007 until 13th October 2025.

This complaint was received by the Workplace Relations Commission on 15th December 2025.

The complainant commenced employment with the Respondent on 24th June 2007. The Complainant was initially employed on a full-time basis however over time this was reduced to 29 hours per fortnight due to operational reasons.

Throughout the period of employment, the Complainant had an unblemished work record.

On 25th September 2025 the Complainant received a WhatsApp message from her employer notifying her that the premises would not be opening that weekend and the owner stating that once he knew more, he would be in touch with all staff members.

A second WhatsApp message received on 8th October 2025  stated that “Jumpngyms will not be reopening”

The Complainant tried to contact her employer however all her efforts were unsuccessful.

An email was sent by the Respondent on 13th October 2025 confirming that the complainant’s employment had ceased.

The Complainant emailed the Respondent on 15th October 2025 again requesting her redundancy pay, minimum notice and outstanding holiday pay. She received no response. Further attempts by the Complainant in November 2025 proved futile.

SIPTU wrote to the Respondent on 20th November on behalf of the Complainant seeking engagement and resolution at local level. Again, the Respondent did not reply.

A complaint form was submitted to the Workplace Relations Commission by SIPTU on behalf of the Complainant on 15th December 2025.

Union’s case.

1.       Having been employed for more than 104 weeks the Complainant has an entitlement to a statutory redundancy payment.

2.       The Respondent failed to give the worker her minimum notice period and/or payment in lieu of notice before terminating her employment.

3.       Payment for outstanding holidays – at the time of termination the Complainant was owed 55 days annual leave.

Conclusion.

·         The complainant has been treated unfairly by the Respondent.

·         The complainant’s employment was terminated by way of redundancy .

·         The complainant has had monies owed to her withheld by the Respondent, despite qualifying service and requests for payment.

·         The complainant has experienced significant financial loss and hardship.

·         The Respondent has breached his statutory obligations to the Complainant under the Redundancy Payments Act1967, the Minimum Notice and Terms of Employment Act 1973 and the Organisation of Working Time Act 1997.

The Respondent did not attend the scheduled hearing of the complaint. I am satisfied that the Respondent was on notice of the scheduled hearing.

A letter dated 17th July 2026 was sent to the Respondent. Said letter contained full details for the scheduled hearing of the complaint.

CA – 00078635 – 001 -  A complaint submitted under s.39 of the Redundancy Payments Act, 1967.

The complainant commenced employment on 22nd June 2007 and was in continuous employment until 13th October 2025.

The complainant’s gross weekly wage was Euro 210.25.

The Complainant has a legal entitlement to a statutory redundancy payment based on details shown above.

I now order the Respondent to make a statutory redundancy  payment to the Complainant within 42days from the date of this submission.

CA – 00078635 – 002 – A complaint submitted under s.12 of the Minimum Notice & Terms of Employment Act, 1973.  

The notice period applicable to the Complainant was 8 weeks. The sum owed to the Complainant is Euro  1682.00.

I now order the Respondent to make this payment to the Complainant within 42days from the date of this submission.

CA – 00078635 – 003. A complaint submitted under s.27 of the Organisation of Working Time Act, 1997.

The complainant’s trade union contends that the Respondent has breached its statutory obligations under the legislation by failing to pay the complainant her accrued annual leave days.

I now order the Respondent to pay the complaint the sum of Euro 5981.25 for these accrued annual leave days. Such payment should be made within 42 days from the date of this decision.

Please see above.