Complainant

Respondent

Parties

Deirdre  O Reilly

Yankee Clipper Holding Ltd The Town Hotel

Complainant

Respondent

Anonymised Parties

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Representatives

  Self-Represented

Sally McDonald, Director

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-00060208-001

23/11/2023

The Complainant swore an Affirmation at the outset of the hearing. Detailed submissions were received in advance of the hearing and exchanged. The Complainant’s sister provided assistance to the Complainant at the hearing.

Ms Sally McDonald, Director of the Respondent, gave evidence on Affirmation as did Mr John Cannon, Operations Manager with the Respondent.

Complainant commenced employment on 19 November 2001 and worked until she was told there were no longer hours available for her on 29 February 2023. However, it was not until 10 April 2023 that she was formally advised by the Respondent that her role was being made redundant.

The Respondent agreed to pay her statutory redundancy but despite numerous attempts to engage with the Respondent, no payment to date has been forthcoming. It was submitted that the last communication came on 5 September 2023 where an assurance was given by the Respondent that once the next contract payment was received , the Complainant’s redundancy would be paid.

It was submitted at the closing of the hearing that payments had been received by the Respondent since 5 September 2023, yet no payment had been received by the Complainant. Furthermore, it appeared that there was an internal preference as to where the money was going by the Respondent in its admission that another employee had received part payment of their redundancy.

The Respondent did not dispute the Complainant’s claim for statutory redundancy. However, due to the change in the nature of the business from a hotel to an accommodation centre for refugees, there was no work available for the Complainant.

It was the Respondent’s evidence that it was waiting on payments based on its current contracts, but they were unable to give a specific timeline when they would be in a position to pay the Complainant. Mr Cannon gave evidence that he was keen to resolve the matter.

The Respondent confirmed there was another employee who had been made redundant and arrangements had been made to make part payment to that individual. It was further said that the reason the Respondent has not paid the redundancy payment to date was as a result of the Complainant referring her complaint to the WRC and it wanted to wait until the hearing.

Ms O’Reilly asked if payments had been received since the promise was made in September 2023 to pay the Complainant , to which Mr Cannon stated, “ I am sure there was”.

There is no dispute that the redundancy payment is due and owing to the Complainant. After 22 years of loyal service the Respondent has fallen significantly short of its duties to the Complainant in failing to discharge her statutory entitlement under the Redundancy Payments Act. Instead it has decided to prioritise another employee over the Complainant by making part payments while withdrawing entirely from any engagement with the Complainant when she sought to refer the matter to the WRC for assistance.

It was quite clear from the hearing that the Respondent’s failure has caused great upset to the  Complainant, understandably when she gave dedicated service to the Respondent for a such a significant length of time.

I find the Complainant’s appeal is allowed.

I allow the Complainant’s appeal pursuant to Section 39 of the Redundancy Payments Act 1967 – 2012

I direct the Respondent to pay the Complainant a redundancy lump sum payment under the Redundancy Payments Act 1967- 2014 calculated on the basis of the following information.

The Complainant commenced employment on 19 November 2001

The Complainant’s received notice on 10 April 2023.

The Complainant’s employment terminated on 5 June 2023

The Complainant was paid €351.45 per week gross based on a 33 hour week.

It is further noted that the redundancy certificate provided by the Respondent contains incorrect start, notice and termination dates and should be disregarded.

Redundancy