ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00068391

Parties:

	Complainant	Respondent
Parties	Anthony Dunne	Fixy Property Maintenance Ltd. t/a Fixy.ie

Representatives

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-00082995-001	14/04/2026

Date of Adjudication Hearing: 27/08/2026

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

Pursuant to Section 39 of the Redundancy Payment Act of 1967 (as amended) it is directed that the manner of hearing prescribed in Section 41 of the Workplace Relations Act of 2015 shall apply to any question, dispute, complaint or appeal referred to the Director General under the Redundancy Payments Acts of 1967 – 2014.

I have accordingly been directed by the Director General of the Adjudication services, to hear the within complaint and I can confirm that I havefulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.

Under the Redundancy Payments Acts, an eligible employee who is found to be redundant is entitled to a statutory redundancy payment for every year of service (per Section 7 of the Redundancy Payment Act of 1967). The Acts provide for a payment of two weeks gross pay for each year of service. There is a pro rata element for any additional months and weeks worked beyond each anniversary of the start date. A further bonus week is added to this. An eligible employee is one with 104 weeks of continuous employment with an employer and whose position has ceased to exist. The calculation of Gross weekly pay is subject to a ceiling of €600.00. Gross pay is the current normal weekly pay including average regular overtime and benefits-in-kind and before tax and PRSI deductions. A Redundancy payment is generally tax free.

A Complainant must be able to show a minimum two years (104 weeks) of service in the employment. The Complainant herein qualifies.

Responsibility to pay Statutory Redundancy rests with the Employer. Where an employer can prove to the satisfaction of the Department of Employment Affairs and Social Protection that it is unable to pay Statutory Redundancy to an eligible applicant, the Department will make payments directly to that employee and may seek to recover as against the Employer independently. Such claims must be submitted on form RP50 which may be signed by both employer and employee (to be accompanied with a Statement of Affairs).

In the event that an Employer refuses to engage with an employee in this way, it is open to the employee to bring an appropriate complaint before the Workplace Relations Commission as set out in Section 38(15) of the 1967 Act.

Background:

This hearing was conducted in person at the Workplace Relations Commission, Lansdowne Road, Dublin. In accordance with the Supreme Court decision in Zalewski v An Adjudication Officer and the Workplace Relations Commission, Ireland and the Attorney General [2021] IESC 24 (delivered on 6th of April 2021), the hearing was conducted on the basis that proceedings before the Workplace Relations Commission constitute the administration of justice. Accordingly, the hearing was held in public and was open to attendance by members of the public.

At the outset of the hearing, I informed the parties that, pursuant to the Workplace Relations (Miscellaneous Provisions) Act 2021, which came into effect on 29th of July 2021, where there is the potential for a serious and direct conflict in the evidence presented by the parties, an oath or affirmation may be administered to any person giving evidence before the Workplace Relations Commission. I confirm that the appropriate oath or affirmation was administered to those giving evidence in this case. The parties are presumed to understand that the giving of false evidence or the making of a false statement under oath or affirmation constitutes an offence.

The specific details of the complaint are outlined in the Workplace Relations Complaint Form which was received by the WRC on the 14th of April 2026.

Summary of Complainant’s Case:

The Complainant was not represented and made his own case. At the outset, the Complainant was happy to make an Affirmation to tell the truth, and he provided me with oral evidence.

The Complainant is seeking Statutory Redundancy in circumstances where the Complainant was advised that his employment with the Respondent company had to come to an involuntary end by reason of the financial difficulties of the Employer.

The Complainant is asserting an entitlement to Statutory Redundancy in circumstances where he was 104 weeks in the employment.

Where it also became necessary, I explained how the Adjudication process operates. Where I deemed it necessary, I made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties as prescribed by Statute.

Summary of Respondent’s Case:

The Respondent did not attend. I am satisfied that the Respondent was sent a letter dated the 6th of July 2026 about the date time and venue for this hearing. The letter was returned. It is noted that the Respondent Company continues to operate and the letter was sent to the registered address provided.

Findings and Conclusions:

The Complainant gave evidence concerning his employment with the Respondent Company. Two weeks before the Complainant’s employment came to an end the Complainant was advised that he was on two weeks’ notice. As it happened these last two weeks – which operate as service/reckonable period for the purposes of the Redundancy Acts - brought the Complainant’s employment up to 104 weeks. The Complainant is therefore entitled to a payment of Statutory Redundancy.

I accept that the Complainant’s job was made redundant, and I accept that the Complainant was entitled to be paid Statutory redundancy pursuant to the Redundancy Payments Acts 1967-2014.

The Complainant presented me with a copy of a payslip to assist with my calculations.

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.

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00082995-001 - I am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence:

The employment started: 21st of April 2024

The employment ended: 22nd of April 2026

Gross weekly wage: €1,153.00

The Complainant was made aware of the fact that any award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952 to 1966. A ceiling of €600.00 applies.

Dated: 23/09/2026

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Key Words: