Complainant

Respondent

Parties

Pauline  Power

Martella Food Services Limited t/a Bliss Cuisine

Representatives

Jennifer Power

 No appearance

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-00047163-001

14/11/2021

The complainant commenced employment with the respondent company on 01 June 2009.  She was employed as a waitress at a golf club where the respondent operated the catering services.  She worked twenty hours per week and was paid €200 gross.

Due to the Covid pandemic restrictions the respondent had to cease catering services on 15 March 2020.  The complainant was laid off and claimed the pandemic unemployment payment.  The respondent subsequently lost the contract with the golf club.  The complainant was not re-employed.  She claims the respondent failed to pay her the statutory redundancy payment she was entitled to be paid. 

The complainant submitted her complaint to the Workplace Relations Commission on 14 November 2021.

The complainant’s representative stated that the complainant had been employed as a waitress by the respondent.  The respondent had an agreement with the golf club to provide catering services.  The complainant commenced work on 01 June 2009.  In March 2020 the complainant was laid off when the catering service had to close due to the Covid pandemic restrictions.

The complainant claimed the pandemic unemployment payment.  She expected to return to work when the restrictions were lifted.  The complainant became aware in November 2020 that the golf club had awarded the catering contract to another company.  On 08 December 2020 the complainant and her representative met with one of the directors to discuss redundancy pay.  However, there was no further contact from the director and no payment was made to the complainant. 

The complainant submitted her claim for redundancy pay to the Workplace Relations Commission on 14 November 2021.  The director did make contact in December 2021 and stated the company did not have funds to pay redundancy. 

The complainant claims she is entitled to redundancy pay from 01 June 2099 to 15 March 2020.

There was no appearance by or on behalf of the respondent.  I am satisfied that respondent was notified of the date, time, and location of the hearing as notice was sent by letter dated 29 July 2022.  The respondent company is not in liquidation.

The complainant was employed by the respondent company from 01 June 2009.  She was laid off on 15 March 2020 when the catering service had to close due to restrictions imposed because of the Covid pandemic.  She had worked at a golf club where the respondent had a contract to provide catering services.  The respondent subsequently lost the catering contract with the golf club.  The complainant was made aware on 08 December 2020 that the respondent’s contract with the golf club had terminated.  The complainant was not paid her statutory redundancy payment.

Legislation

The Redundancy Payments Act provides as follows:

General right to redundancy payment.

7.— (1) An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided—

(a) he has been employed for the requisite period, and

(b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of four years ending on that date.

(2) 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 concerned the 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) …

(c) …

(d) …

(e) …

Based on the uncontested evidence presented I find the complainant is entitled to a redundancy payment pursuant to the Redundancy Payment Acts 1967- 2022, in accordance with the following criteria:

Date employment commenced: 01 June 2009

Date employment terminated:   08 December 2020

Period of Covid related lay-off:  15 March to 08 December 2020

Wages per week:                          €200 gross

CA-00047163-001

Complainant submitted under section 39 of the Redundancy Payment Act, 1967.

I allow the complainant’s appeal based on the uncontested evidence presented.  I find the complainant is entitled to a redundancy payment based on the following criteria:

Date employment commenced:  01 June 2009

Date employment terminated:   08 December 2020

Period of Covid related lay-off:  15 March to 08 December 2020

Wages per week:                           €200 gross

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

Redundancy Payment