Adjudication Reference: ADJ-00041348

Parties:

	Complainant	Respondent
Parties	Bernadette Kavanagh	Maherusl Ltd

Representatives

Self Represented

Not Present

Complaint(s):

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-00052447-001	29/08/2022

Date of Adjudication Hearing: 20/02/2024

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 was employed as a Sales Assistant from January 21st 2018 to March 20th 2022 when the business closed due to Covid and the Complainant never returned to work when the business reopened and operated without her services. The Complainant did not receive any redundancy pay. The Respondent did not attend the Hearing.

Summary of Complainant’s Case:

The Complainant was employed as a Sales Assistant from January 21st 2018 to March 20th 2022 when the business suddenly closed due to Covid. The business opened for a brief period after Covid but operated without the Complainant being re-employed. The business has since ceased operating.

The Complainant earned between 208 and 270 Euros per week gross.

The Complainant did not receive any redundancy pay due to the closure of the business.

Summary of Respondent’s Case:

A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on August 28th 2022 alleging that her former employer contravened the provisions of the Redundancy Payments Acts 1967-2020 in relation to her. The said complaint was referred to me for investigation. A Hearing for that purpose was held on February 20th 2024. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the said Respondent was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held and were not present at the Hearing.

Decision:

This is a complaint under the Redundancy Payments Act, 1967, to the effect that the complainant was made redundant and did not receive a redundancy payment.

The entitlement to a redundancy payment is set out in Section 7 of the Redundancy Payments Act, 1967 which states as follows:

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) 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, or

(c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise, or

(d) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, or

(e) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained,

Section 39 of the Redundancy Payments Acts 1967 – 2020 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 on the basis on

Section 2(a) of the Act outlined above 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; January 21st 2018

Date of Reckonable Service for Redundancy Payment Ceasing on: March 20th 2022

Gross Weekly Wage: 270 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.

I allow the Complaints Appeal.

Dated: 01/03/2024

Workplace Relations Commission Adjudication Officer: Peter O'Brien