ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00052481

Parties:

Complaint:

Date of Adjudication Hearing:  07/08/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant seeks a statutory redundancy payment.

Summary of Complainant’s Case:

The Complainant was employed as a Shop Assistant commencing on 7th November 2018.  The employment terminated on 21st August 2023 when she was given a letter of redundancy.                        

Summary of Respondent’s Case:

The owner of the business stated that regrettably staff in the business had to be made redundant on 21st August 2023 when the business was no longer viable.  A Liquidator was appointed and then a Receiver. As far as he was aware staff, including the Complainant should have received their statutory redundancy entitlements.

Findings and Conclusions:

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 have been 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 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…

I find that the Complainant is entitled to a statutory redundancy payment.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

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.

I have decided that the Complainant is entitled to a statutory redundancy payment based on the following criteria:

Date of Commencement:     07 March 2018

Date of Termination:            21 August 2023

Gross Weekly Pay:                   €530.00

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

Dated: 12th of August 2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Key Words: