CORRECTION ORDER
ISSUED PURSUANT TO SECTION 41 OF THE WORKPLACE RELATIONS ACT 2015
This Order corrects the original Decision ADJ-00055095 issued on 05/03/2025 and should be read in conjunction with that Decision.
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055095
Parties:
| Complainant | Respondent |
Parties | Bernie Sloyan | Damien Johnston Castlerea Service Station Ltd |
Representatives | Complainant | Not 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-00067165-001 | 05/11/2024 |
Date of Adjudication Hearing: 25/02/2025
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following 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, Ms Sloyan, worked for the respondent, Mr Damien Johnston, Castlerea Service Station, from 2012 until 2024. On the closure of the station she sought a redundancy payment but received no reply from the respondent. The respondent did not attend the hearing and was not represented. The complainant gave evidence under Affirmation at the hearing.
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Summary of Complainant’s Case:
The complainant was employed at the Castlerea Service Station as a Deli Assistant from 2012 to 2024. During this 10 year period there were 3 different employers. The complainant was told by the current employer (Damien Johnson) that they were ceasing trading on 31st July 2024. The complainant queried her entitlement to redundancy payment and did not receive any reply. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing, that the non-attendance has not been explained to my satisfaction |
Findings and Conclusions:
The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing, that the non-attendance has not been explained to my satisfaction. I therefore allow the complainant’s appeal. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
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 appeal is allowed and I order the respondent to pay the complainant the statutory redundancy payment calculated in accordance with the Act, based on the employment period from 1st November 2012 until 31st July 2024, and based on a weekly wage of €487.50. |
Dated: 05 March 2025
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
Statutory redundancy. |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055095
Parties:
| Complainant | Respondent |
Parties | Bernie Sloyan | Damien Johnston Castlerea Service Station Ltd |
Representatives | Complainant | Not 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-00067165-001 | 05/11/2024 |
Date of Adjudication Hearing: 25/02/2025
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following 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, Ms Sloyan, worked for the respondent, Mr Damien Johnston, Castlerea Service Station, from 2012 until 2022. On the closure of the station she sought a redundancy payment but received no reply from the respondent. The respondent did not attend the hearing and was not represented. The complainant gave evidence under Affirmation at the hearing.
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Summary of Complainant’s Case:
The complainant was employed at the Castlerea Service Station as a Deli Assistant from 2012 to 2022. During this 10 year period there were 3 different employers. The complainant was told by the current employer (Damien Johnson) that they were ceasing trading on 31st July 2024. The complainant queried her entitlement to redundancy payment and did not receive any reply. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing, that the non-attendance has not been explained to my satisfaction |
Findings and Conclusions:
The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing, that the non-attendance has not been explained to my satisfaction. I therefore allow the complainant’s appeal. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
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 appeal is allowed and I order the respondent to pay the complainant the statutory redundancy payment calculated in accordance with the Act, based on the employment period from 1st November 2012 until 31st July 2024, and based on a weekly wage of €487.50. |
Dated: 05 March 2025
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
Statutory redundancy. |