Complainant

Respondent

Parties

Joanne  McGarry

Spar LJY Stores Spar

Complainant

Respondent

Anonymised Parties

{text}

{text}

Representatives

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-00065448-001

15/08/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00065448-002

15/08/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00065448-003

15/08/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00065448-004

15/08/2024

The Complainant commenced her employment as a Shop Assistant with the Respondent on 24 May 2017. Although her employment was terminated by reason of redundancy on 26 February 2024, she did not receive either her redundancy or her minimum notice entitlements.

On Monday, February 26th 2024, the Complainant was informed that the shop was closing.  Her employment ended that day, but she was not paid in lieu of notice and received no redundancy pay.  In her evidence, the Complainant said that the Respondent has returned to China.

Although I am satisfied that the Respondent was on notice of the hearing, they did not attend on the day to give evidence.

CA-00065448 – 001:

Section 7 of the Redundancy Payments Act 1967 (as amended) sets out five specific circumstances in which an employee may be entitled to a redundancy payment, the first of which is:

“(a) the fact his employer has ceased or intends to cease to carry on the business for the purpose 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[.]”

As the Complainant’s employer has ceased operations in the place where she was employed, her job has become redundant.  As she has completed more than two years of service, I find that she is entitled to a redundancy payment.

CA-00065448 – 002:

Section 4 of the Minimum Notice and Terms of Employment Act, 1973, states:

4.—(1) An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section.

(2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be—

(a) if the employee has been in the continuous service of his employer for less than two years, one week,

(b) if the employee has been in the continuous service of his employer for two years or more, but less than five years, two weeks,

(c) if the employee has been in the continuous service of his employer for five years or more, but less than ten years, four weeks,

(d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks,

(e) if the employee has been in the continuous service of his employer for fifteen years or more, eight weeks.

ANALYSIS

It was not disputed by the Respondent that the Complainant did not receive her minimum notice entitlements when she was dismissed by reason of redundancy. Consequently, I find this complaint to be well-founded. Specifically, considering her length of service, which exceeded five years but is less than ten years, she is entitled to four weeks’ notice.

CA-00065448 – 001:

I allow the Complainant’s appeal for the reasons set out above and find that she is entitled to a statutory redundancy lump sum payment under the Redundancy Payment Acts 1967 – 2014 based on the following criteria: 

-          Date of commencement:  24 May 2017

-          Date of termination: 26 February 2024

-          Gross weekly wage: € 241.30

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

CA-00065448 – 002:

I find this complaint to be well-founded for the reasons set out above and direct that the Respondent pays four weeks’ notice to the Complainant in the amount of €965.20 (€241.30 *4)

CA-00065448 – 003:

This is a duplicate complaint and has been addressed in CA-00065448 – 002.

CA-00065448 – 004:

This is a duplicate complaint and has been addressed in CA-00065448 – 002.