Complainant

Respondent

Parties

Edyta  Kaluza

Fitway Food Limited

Complainant

Respondent

 Parties

Edyta  Kaluza

Fitway Food Limited

Representatives

  self

 Managing Director

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-00060670-001

21/12/2023

The Complainant details her complaint as follow:

Dear Officer, I am writing to bring to your attention the matter of my redundancy payment from Fitway Food Limited, where I was employed from 01/11/2017 to 31/01/2023. Regrettably, I was made redundant on the 31st of January 2023, and despite my employer's assurances, my redundancy payment has yet to be processed. My employer suggested that the processing time would be approximately three months, and repeatedly asked me to be patient. However, after conducting my own research, I discovered that I have the right to bring this matter to the Workplace Relations Commission within one year of the termination of my employment. To ensure a documented record of my request for statutory redundancy pay, I contacted my employer in writing and submitted an application using form RP77. I am enclosing a copy of this correspondence (it's being posted to your address), along with the registered post receipt confirming its delivery to my employer's address. Regrettably, I have not received any written response to my request thus far. Despite my efforts to seek clarity on the status of my redundancy payment, my employer's wife informed me over a phone call that I would need to

The Complainant gave the owner’s address as a contact detail for the hearing. At the first hearing the Owner stated that the business was in liquidation. Contact was made with the alleged practice appointed as liquidators who informed the Commission that they had not in fact been appointed. They were contacted by the Company; however, no formal appointment had been made.

The Company has been notified by registered post of the hearing and failed to attend.

The business ceased trading and the Complainant was told that she would be made redundant. Despite notifying the Respondent formally to process her redundancy payment no payment has been made to date.

The Respondent accepted that the business had ceased trading and that he had appointed a liquidator. That fact was not subsequently affirmed by the liquidator details provided by the owner at the hearing. However, the business has ceased trading.

I am satisfied that the Complainant has been made redundant arising from the firm ceasing to trade.

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

(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,

Having heard the evidence and the fact that the respondent employer agreed that the complainant had been dismissed as the business has ceased trading and/or intends to cease trading and to carry on business in the place where the employee was employed and that her work has ceased, I am satisfied that the complainant was dismissed by reason of redundancy and is entitled to a redundancy payment pursuant to the Redundancy Payments Acts 1967-2014 based on the following facts established at the hearing; based on evidence given under oath and documentary evidence presented at the hearing and subsequently, including payslips:

1.      Start date: 1st of November 2017

2.      Date of termination by employer 31st of January 2023

3.      Gross weekly wage: €588

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

During lay-off absence does not count towards reckonable service.

Redundancy