Complainant

Respondent

Parties

Geraldine  Lorrigan

Ciara Copeland

Representatives

  Self Represented

 Not present

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-00052201-001

11/08/2022

The Complainant was seeking payment of statutory redundancy when the Company she worked for ceased operations. The Complainant was employed as a Waitress when the business closed in March 2020. The business has remained closed since then. The Complainant was given her outstanding holiday pay at a meeting in December 2020 and told she was entitled to redundancy but the Owner told her she was not able to pay it.

The Complainant was employed as a Waitress from November 17th 2016 to March 15th 2020.

She worked for 30 hours a week and earned 11 Euros per hour or 330 Euros per week.

The Respondent notified staff that they were ceasing operations due to Covid on March 15th 2020 and the business has not reopened.

At a staff meeting in December 2020 the Complainant was paid her outstanding wages due and informed that the Owner accepted the staff could claim redundancy but that the Owner had no means to pay the redundancy.

The Complainant made various efforts through whats app, texts and facebook seeking her redundancy but received no reply from the Respondent.

The Complainant received the Pandemic payment from March 15th 2020 to March 29th 2022.

The Complainant submitted a redundancy claim form to the Respondent in or around the first quarter of 2022 but received no reply.

The Complainant is seeking payment of the statutory redundancy due.

A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on August 11th 2022 alleging that her former employer contravened the provisions of the Redundancy Payments Acts 1967 in relation to her. The said complaint was referred to me for investigation. A Hearing for that purpose was held on April 20th 2023. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the WRC made very reasonable efforts to contact the said Respondent in writing of the date, time and place at which the Hearing to investigate the complaint would be held and the Respondent was not present at the Hearing.

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. Based on the uncontested evidence of the Complainant I allow the Complainants appeal and I award her statutory redundancy on the following basis;

Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.”

Therefore, subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof) plus a week on the following basis;

Date of Commencement; November 17th 2016

Date of Reckonable Service for Redundancy Payment Ceasing on: March 15th 2020

Gross Weekly Wage: 330 Euros

The Complainants period of “Reckonable Service” is defined by Schedule 3 of the Act and does not include any period of absence from work due to lay off by the employer.

Redundancy