ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057408
Parties:
| Complainant | Respondent |
Parties | Adrian Gorczyca | Moyvalley Landscaping Ltd |
Representatives | Self-Represented but assisted by Ms K Clarke | Non-Appearance |
Complaint:
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-00069756-001 | 05/03/2025 |
Date of Adjudication Hearing: 08/07/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act, 1967 following 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered by the Parties but not deemed necessary.
The second Hearing listed was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Background:
The Complainant began work with the Respondent on the 5th September 2014 and was given notice of the termination of his employment on the 13th August 2024. He unsuccessfully applied for Redundancy from the Respondent employer. His rate of pay was stated to have been € 540 for 40 hour week. |
1: Summary of Complainant’s Case:
The Complainant’s Representative gave Oral testimony supported by Payroll documents to demonstrate that the Complainant had been employed for the period 5th September 2014 to the 13th August 2024. Numerous efforts to contact the Respondent had been unsuccessful. The Complainant was now claiming Statutory Redundancy. The Complaint was deemed to be in time under the provisions of the Redundancy Payments Act,1967 |
2: Summary of Respondent’s Case:
The Respondent did not attend the Oral Hearing. Proper notification of the date, time and place was served. |
3: Findings and Conclusions:
The evidence, under Oath/Affirmation , from the Complainant was clearcut. His claim for Statutory Redundancy was deemed to be Well Founded. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
CA: 00069756-001
The Complaint and Appeal for Statutory Redundancy was deemed to be Well Founded.
Statutory Redundancy for the period from 5th September 2014 to the 13th August 2024 is awarded. The rate of pay was stated to have been €540 per week for a 40 hour week.
(Dates of employment and rates of pay to be corroborated with the Revenue and the Department of Social Protection.)
Dated: 20th of August 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Statutory Redundancy |