Complainant

Respondent

Parties

Linda  Watson

Foylevale Limited

Representatives

  In person

 RDJ Solicitors

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-00066683-001

14/10/2024

The complaint relates to the redundancy entitlements of the complainant in circumstances where her employment ended, and she did not receive a redundancy payment.

The complainant represented herself at the adjudication hearing and put forward her position by way of oral submission. The complainant stated that she worked for the respondent as a merchandiser from on or about 1st June 2017 until 30th July 2024 and was also involved in carrying out deliveries. The complainant stated that she did not work beyond 30th July 2024 and has not heard from the respondent since. The complainant is seeking her redundancy entitlements in circumstances where her employment ended when the respondent ceased to carry out its business where the complainant was employed.

The respondent’s Solicitor attended the hearing and confirmed that he had no instructions in relation to the complaint and was therefore unable to challenge the complainant’s submissions regarding her length of service and rate of pay. The respondent’s representative by way of oral submission, stated that in respect of the respondent itself, it was insolvent, and it was expected that it would enter voluntary liquidation in the near future.

The complainant worked for the respondent as part of its merchandising and delivery function. The complainant stated that on 30th July 2024, there was no stock for her to carry out her work and she has not worked for the respondent since, nor has she heard from them since that date. It is clear from her oral submissions, which were not disputed, that the complainant did not work for the respondent since 30th July 2024 and her employment ended on that date.

The Applicable Law

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

(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, 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,

Conclusions

Having considered the submissions of the parties, I am satisfied that the complainant’s employment ended by reason of redundancy in accordance with Section 7(2)(a) of the Redundancy Payments Act, 1967. Accordingly, I find that the complaint is well founded.

The complaint is well founded. The complainant is entitled to a redundancy payment as follows:

Date of commencement of employment: 1st June 2017

Date of cessation of employment: 30th July 2024

Gross weekly rate of pay: €553.84

The entitlement to a redundancy payment is based on the complainant having been in insurable employment within the meaning of the social welfare acts for the period in question.

Redundancy entitlements