Complainant

Respondent

Parties

Amanda  Malone

Thomas Montgomery & Son Solicitors

Complainant

Respondent

Anonymised Parties

Representatives

Self-Represented

The Respondent did not attend and was not represented at the hearing.

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-00055836-001

30/03/2023

This matter came before the Workplace Relations Commission dated 30/03/2023 as a complaint submitted under section 39 of the Redundancy Payments Act, 1967.  The aforesaid complaint was referred to me for investigation.  A hearing for that purpose was scheduled to take place on 04/08/2023.

The Complainant is a solicitor.  The Respondent is a legal firm.  The Complainant commenced her employment in the Respondent company on 04/04/2018.  Her employment ended on 22/02/2023.  The Complainant was paid €1,354.25 gross weekly working a 32-hour week. 

This complaint seeking statutory redundancy arises in circumstances where the Complainant’s employment was terminated and she has neither received payment of a statutory lump sum nor confirmation of a return to her former role.  The Complainant seeks statutory redundancy in circumstances where her employment ended on 22/02/2023 and she has processed her claim to the WRC on 30/03/2023. 

Having waited a reasonable period of the time on the day, there was no appearance by or on behalf of the Respondent.  The hearing took place at 10am on the morning of 04/08/2023.  At 14.45 that afternoon I received a submission from the Respondent representative filed by him on Thursday 03/08/2023 the detail of which I will set out hereunder in summary of the Respondent’s case. 

The Complainant gave evidence that the office in which she worked since 04/04/2018 has been closed since 22/02/2023.  The Complainant had been on maternity leave since May 2022 and had been on sick leave in February 2023. 

The Complainant was notified by the son of one of the partners that the Law Society had taken over the files of the company and would oversee the closure of the firm. 

Subject to High Court order dated 22 February 2023 Thomas Montgomery & Son Solicitors ceased trading and all accounts were frozen with any monies transferring to the Law Society.  The practise is insolvent. 

CA-00055836-001

The Relevant Law:

This complaint is for a statutory lump sum payment under section 39 of the Redundancy Payments Acts, 1967-2014.  The Acts, related legislation and Regulations made thereunder require that in order to qualify for a statutory redundancy payment, an employee must -

(1)    have at least 2 years’ continuous service;

(2)    be in employment which is insurable under the Social Welfare Acts;

(3)    be over the age of 16;

(4)    have been made redundant as a result of a genuine redundancy situation and/or if on lay-off or short-time, have complied with any statutory notice requirements; and

(5)    not have received a lump sum payment. 

Section 7(2) of the Redundancy Payments Act, 1967 states:

For the purposes of subsection (1), an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concernedthe dismissal is attributable wholly or mainly to—

(a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes 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, or

(b) the fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish, or

(c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise, or

(d) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, or

(e) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained…

Having heard the evidence, I am satisfied the Complainant’s situation is in compliance with section 2(a) above.  The business has ceased trading and to carry on business in the place where the Complainant was employed, and her work has ceased.  I am satisfied the Complainant is entitled to a redundancy payment pursuant to the Redundancy Payments Acts, 1967-2014.  I am satisfied that the Respondent has not paid any monies to the Complainant in respect of her redundancy at the date of hearing. 

In circumstances where the Respondent has ceased to carry on business where the Complainant was employed, I find a redundancy situation applies and I find the claim for a redundancy payment to be well-founded.  The Complainant is entitled to a redundancy payment based on the following facts established in evidence:

Commencement date:  04/04/2018

End of employment:  22/02/2023

Gross weekly pay:  €1,354.25

The Complainant was made aware of the fact than 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 1952-1966.  The calculation of gross weekly pay is subject to a ceiling of €600.00.  The calculation of the lump sum is a matter for the relevant department. 

I allow the Complainant’s appeal against the failure of her employer to pay a redundancy.  I decide the within complaint is well-founded and I decide the Complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payment Act, 1967 based on the following criteria:

Commencement date:  04/04/2018

End of employment:  22/02/2023

Gross weekly pay:  €1,354.25

This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. 

Business ceased trading; business insolvent;