Complainant

Respondent

Parties

Elzbieta  Urbaniak

Blades & Scissors Limited

Representatives

North Connaught and Ulster Citizens Information Service

 No Appearance

Act

Complaint Reference No.

Date of Receipt

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

CA-00055536-001

14/03/2023

The Complainant commenced employment with the Respondent on 9th June 2007. The Complainant worked an average of 31 hours per week, for which she received an average payment of €346.50. The Complainant’s employment was terminated by the Respondent on 27th August 2022.

On 14th March 2023, the Complainant referred the present complaint to the Commission. Herein, she alleged that the Respondent had dismissed her on the grounds of redundancy and that, as a consequence of the same, she was entitled to a statutory redundancy payment. The Respondent did not oppose this allegation by way of submission or correspondence.

A hearing in relation to the matter was convened for, and finalised on, 16th August 2023. While the Complainant attended the hearing to prosecute her complaint, there was no attendance by or on behalf of the Respondent.

In evidence, the Complainant stated that she commenced employment on 9th June 2007. She stated that she was engaged as a barber by the Respondent, and worked an average of 31 hours per week.

On 13th August 2022, the Respondent informed the Complainant that her employment was to be terminated as he intended to close the premises. The Complainant’s employment terminated on 27th August 2022.

On 7th October 2022, the Complainant issued correspondence requesting a statutory redundancy payment. No response was received to this correspondence.

There was no appearance by or on behalf of the Respondent at the hearing as scheduled. Having reviewed the file, it is apparent that the Respondent was notified of the time, date and venue of the hearing. In this regard, I note that the invite to hearing was issued to the Respondent’s then registered and trading address, which was duly returned uncollected. This invite was then re-issued by ordinary post.

In this regard, it is noted that the Respondent amended their registered address on 3rd August 2023, however having reviewed the relevant documents on the companies’ registration office, it is apparent that on the date of issue, the invitation to the hearing was issued to the Respondent’s correct registered and trading address.  

The Complainant has alleged that she is entitled to a statutory redundancy payment. The evidence in this regard was uncontested by the Respondent, either by way of opposing submission or contradictory witness evidence.

Section 7(2)a of the Redundancy Payments Acts lists the following situation as a valid ground for redundancy;

“…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”.

This section clearly describes what has occurred in this instance- the Complainant’s employer ceased to carry on business, effectively making her role redundant. Having regard to the foregoing, and the wording of the Redundancy Payments Acts, I allow the Complainant’s appeal.

I find in favour of the Complainant and allow the Complainant’s appeal.

In the circumstances the Complainant is entitled to a statutory redundancy payment based on the following information.

Date of Commencement:              9th June 2007

Date of Termination:                     27th August 2022

Average Weekly Wage:                 €346.50

Redundancy, Ceased Trading, Non-Appearance