Complainant

Respondent

Parties

Ann  Rogers

Liffey Gaels Inn Ltd The Clock Pub

Complainant

Respondent

Anonymised Parties

Representatives

Stewart Reddin, Dublin South Citizens Information Service

Did not attend

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-00060477-001

11/12/2023

The Complainant commenced employment on 01/09/1994 as a caterer working 15 hours per week. Employment ended on 19/02/2023.

This complaint was received by the Workplace Relations Commission on 11th December 2023.

The Complainant was employed as bar catering staff at The Clock Pub on Thomas Street from 1994 until February 2023.

Throughout her period of employment, the ownership of the pub changed hands on a number of occasions, however, her employment service was unbroken.

In January 2023 her employer, Mr. Stephen Whelan, informed her that the pub had been sold. The Complainant asked her employer if she would be kept on by the new owner, but he was unable to provide her with information on this.

The Complainant sought the assistance of her local Citizens Information Service (CIS). The CIS wrote to her employer in early February seeking clarification on her employment status. The pub ceased trading on Sunday 19 February 2023.

The following week the Complainant received a cash payment of €1,000 from the manager who indicated that it represented payment of notice. However, she did not receive any formal written notice that her position was being made redundant.

The Citizens Information Service wrote a further letter to her employer in early March regarding a redundancy payment. In early July the Complainant submitted a RP77 form to the employer. Several weekslaterMr.Whelancontacted her tosayhewaspreparingredundancyformswithhisaccountant.

The Complainant did not receive any forms, or a redundancy payment from the employer. The Complainant contacted the employer in early August and was informed that he was seeking assistance in making the redundancy payment. The Complainant received no further correspondence from the employer.

The Respondent did not attend the scheduled hearing of the complaint.

I am satisfied that the Respondent received written details of the hearing.

There can be no doubt that the complainant is entitled to a statutory redundancy payment.

Such payment should be based on the following calculation:

Start Date: 01st September 1994.

End date : 19th February 2023.

Hours worked per week: 15

Weekly earnings: €236.13

I am also satisfied that the Complainant made every effort to obtain a redundancy payment from her former employer.

I now order the Respondent to make this statutory redundancy payment to the Complainant within 42 days from the date of this decision.

There can be no doubt that the complainant is entitled to a statutory redundancy payment.

I now order the Respondent to make this statutory redundancy payment to the Complainant within 42 days from the date of this decision.

Redundancy Payments Act 1967.