Complainant

Respondent

Parties

Hazel  Doherty

R & S Mill Cabs Limited

Complainant

Respondent

Anonymised Parties

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Representatives

  Self-Represented

No Appearance

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-00065215-001

06/08/2024

The Complainant worked for the Respondent as a Base Controller from the 2nd June 2006 until the 30th August 2023. The Respondent’s business ceased trading and the Complainant did not receive her statutory redundancy payment. The complaint was submitted to the WRC on the 6th August 2024.

The Complainant commenced employment with the Respondent as a Base Controller on the 2nd June 2006. Between the 2nd June 2006 and the 5th April 2019 she worked full time and earned €400.00 gross per week. She went on maternity leave on the 8th April 2019 and when she returned to work in October 2019 her hours were reduced to Monday – Wednesday 10am-4pm.

The Complainant stated that on the 28th August 2023 she was verbally informed that the Respondent would cease trading on the 30th August 2023. On the 30th August 2023 the Complainant and the other staff members cleared out the Respondent’s premises.

The Complainant’s employment ended on the 30th August 2023. She confirmed that her statutory redundancy payment remains outstanding as at the date of the hearing. At the date of the dismissal the Complainant earned €198.00 gross per week and €194.00 net per week.

According to a search on the CRO website the Respondent is still registered as an ongoing business having a registered office at The Mill Shopping Centre, Clondalkin, Dublin 22 which is the building where the Complainant worked however the premises has been vacant since the 30th August 2023 and has been up for rent since that date.

There was no appearance by or on behalf of the Respondent.

The Complainant provided evidence of her redundancy, evidence of her calculated entitlement and evidence in support of her contention that the statutory redundancy payment was never paid to her. She gave evidence that on the 28th August 2023 she was verbally informed that the Respondent would cease trading on the 30th August 2023. On the 30th August 2023 the Complainant and the other staff members cleared out the Respondent’s premises and her employment ended that day. According to the Complainant the premises has been vacant since the 30th August 2024 and remains up for rent.

This complaint is for a statutory lump sum payment under section 39 of the Redundancy Payments Acts 1967 (as amended).  The Acts, related legislation and Regulations made thereunder require that in order to qualify for a statutory redundancy payment, an employee must -

(1)    have at least 2 years’ continuous service;

(2)    be in employment which is insurable under the Social Welfare Acts;

(3)    be over the age of 16;

(4)    have been made redundant as a result of a genuine redundancy situation and/or if on lay-off or short-time, have complied with any statutory notice requirements; and

(5)    not have received a lump sum payment.

Section 7(2) of the Redundancy Payments Act 1967 (as amended) states:

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…

Having heard the evidence, I am satisfied that the Complainant’s situation falls to be considered under section 7(2)(a) above.  I am satisfied that the Complainant is entitled to a redundancy payment pursuant to the Redundancy Payments Acts 1967 (as amended).  I am satisfied that the Respondent has not paid any monies to the Complainant in respect of her redundancy as at the date of hearing. The calculation of gross weekly pay is subject to a ceiling of €600.00.  The calculation of the lump sum is a matter for the relevant department.

Having considered all the written and oral evidence presented in relation to this matter my decision is to allow the Complainant’s appeal against the failure of her employer to pay a redundancy.  I decide that the within complaint is well-founded and I decide that the Complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payment Act 1967 (as amended) based on the following criteria:

Date of Commencement: 2nd June 2006

Date of Notice of Termination: 28th August 2023

Date Employment Ended: 30th August 2023

Between the 2nd June 2006 and 5th April 2019 the Complainant worked full time and earned €400.00 gross per week. She went on maternity leave on the 8th April 2023 until October 2019. From October 2019 to the 30th August 2023 the Complainant worked part time. Her gross weekly wage at the date of her redundancy was €198.00.

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

Redundancy Payments Act – statutory redundancy unpaid – appeal allowed