Complainant

Respondent

Parties

Sam  Cullen

Ajooni Ltd  t/a Your Stop Fuel Station

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-00058248-001

12/08/2023

The complainant submitted a complaint to the WRC seeking the payment of statutory redundancy.

The complainant gave evidence that he was employed by the respondent from 3rd August 2020 to 28th July 2023. He earned a gross weekly wage of €203. On the last day of employment, he was informed that the station was closing. He sought the payment of outstanding monies from the respondent including a redundancy payment. He put into evidence an email of 20th November 2023 he sent to the respondent seeking a redundancy payment. He received a response that the company had no funds and a liquidator had been appointed.

The complainant put into evidence a copy of his payslip from Ajooni Ltd which showed his gross earnings.

The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing.

The Law

The Redundancy Payments Acts 1967 sets out the general right to a redundancy payment.

Section 7(1) provides:

“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”.

Section 7(5) of the Acts provides:

“In this section requisite period means a period of 104 weeks continuous employment (within the meaning of Schedule 3) . . . .”

Section 7(2) of the Acts provides:

“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 . . . .”

Findings

The complainant gave evidence of his period of employment and that he had been made redundant arising from the fact that the station was closing.

I find that the Complainant’s employment was terminated by reason of redundancy within the meaning of s 7(2)(a) of the Act, and that the Complainant is entitled to a redundancy payment in accordance with the following criteria:

Commencement date of employment: 3rd August 2020.

End date of employment: 28th July 2023.

Gross weekly wage: €203

I decide that the complainant is entitled to a redundancy lump sum payment under the Redundancy Payment Act 1967, in accordance with the following:

Commencement date of employment: 3rd August 2020.

End date of employment: 28th July 2023.

Gross weekly wage: €203

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

Statutory Redundancy Payment