ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055530
Parties:
| Complainant | Respondent |
Parties | Michele Perry | Goggin & Co Limited Goggins Pub |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self-represented | Self-represented |
Complaint(s):
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-00067587-001 | 22/11/2024 |
Date of Adjudication Hearing: 12/12/2025
Workplace Relations Commission Adjudication Officer: Dónal Moore
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 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.
Background:
The Complainant sets out that they are entitled to a redundancy payment on the closure of the business. The facts are not disputed by the Respondent who is welcoming of a legal decision. |
Summary of Complainant’s Case:
The Complainant seeks redundancy payment in line with the Act following the closure of the business. |
Summary of Respondent’s Case:
The pub was owned by the Respondent late father, who passed away in May 2024. The business was operated by the Complainant (1% shareholder) and her daughter. The pub closed in April 2024 and currently has various debts and there is no money in the business to pay any redundancies. To that end the Respondent is welcome of a decision to allow the parties avail of the statutory scheme. |
Findings and Conclusions:
This hearing was a recommencement of an adjourned hearing on the 21st of January 2025. The facts and circumstances in this complaint are not controversial. The Business had ceased trading and there is a redundancy payment due. As there are no monies remaining in the enterprise the Redundancy Payments Scheme, administered by the Department of Social Protection (DSP) from the Social Insurance Fund applies. The Complainant was employed between the 9th of March 2015 and the 29th of April 2024 on a salary of €645.00 (gross). In all the circumstances I can only find the complaint well-founded and decided that the redundancy payment is due. From the evidence presented to me the Complainant has 9.15 years’ service and with the bonus week they have an entitlement to 19.3 weeks’ pay at the capped statutory entitlement rate of €600 to a total of €11,5800. Having heard all the evidence, the hearing was properly closed. |
Decision:
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 under that Act.
The complaint is well-founded, and the Complainant is entitled to a redundancy payment as follows Commencement: 9th March 2016 Cessation: 29th April 2024 Gross weekly salary: €645.00 The entitlement to a redundancy payment is based on the employee having been in insurable employment within the meaning of the social welfare acts for the period in question. |
Dated: 15-12-25
Workplace Relations Commission Adjudication Officer: Dónal Moore
Key Words:
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