Complainant

Respondent

Parties

Mirela Gagea

O.s.catering Associates

Representatives

  n/a

 n/a

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-00053124-001

06/10/2022

The Complainant is seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 and has submitted that she did not receive any redundancy payment (CA-00053124-001)

The Complainant attended and gave evidence under oath.

The Complainant was employed by the Respondent on the 1st November 2007 as a catering assistant and cashier and her gross pay was €78.00 (€77.61 net) per week for 6 hours worked.

The Complainants employment ended due to the pandemic.

This Complaint was received by the Workplace Relations Commission on the 6th October 2022.

The manager of the Respondent firm, Oliver Sheedy, attended and gave evidence under oath.

The Respondent stated his business was a contract catering business based in the Department of Education and Skills in Marlborough Street, Dublin 1. The business was forced to close on the 13th March 2020 due to the pandemic. All staff were on PUP payments until the contract effectively ended in December 2020. The Respondent explained that this contract would have gone to tender in normal circumstances and where a new contractor were to win the tender then such contract was subject to TUPE.

The Respondent stated he has had to rely on social welfare and is endeavouring to find alternative employment and fully accepts that the Complainant is entitled to redundancy but he is unable to pay.

In the circumstances of this matter, I have carefully listened to the evidence tendered in the course of this hearing by both parties.

The complainant is claiming her redundancy entitlements in circumstances where due to the pandemic her employment ceased with effect from 21st  March 2020.

From the oral submissions from both parties, I am satisfied that her employment ended on the 21st March 2020 by reason of redundancy. This Complaint is well founded and the Complainant is entitled to a redundancy payment as follows:

Date of commencement of employment: 1st November 2007

Date of cessation of employment: 21st March 2020

Gross weekly rate of pay: €78.00

I find that the Complaint (CA-00053124-001) made pursuant to Section 39 of the Redundancy Payments Act, 1967 is well founded and the Complainant is entitled to a redundancy payment based on the Complainant having been in insurable employment within the meaning of the social welfare acts.