ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00060730

Parties:

Complaint:

Date of Adjudication Hearing:  07/01/2026

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967following 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 seeks statutory redundancy payment.

Summary of Complainant’s Case:

The Complainant stated that he worked for the Respondent from 12 June 2017 to 31 December 2024.  He was paid €876.74 per week.  He worked his way up to the position of Production Manager.   He was promised that he could take over the business but this did not materialise.   The owner of the business became ill towards the end of 2024 and passed away.  The Complainant did not receive any wages from 31 December 2024 and he ceased working for the business as there was little or no stock and many suppliers owed money.  He effectively ended up redundant from his position but received no statutory redundancy payment.

Summary of Respondent’s Case:

There was no appearance from the Respondent or representatives.

Findings and Conclusions:

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

For the purposes of subsection (1), an employee who is dismissed shall be taken to have been 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 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…

The Complainant was effectively made redundant by the fact that the requirements of the business diminished and was expected to cease.  I find that the complaint under the Redundancy Payments Acts, 1967 – 2012 is well-founded and that the complainant is entitled to a statutory aredundancy payment.

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.

CA-00073547-001 Redundancy Payments Act 1967

I have decided that the Complainant is entitled to a statutory redundancy payment based on the following criteria:

Date of Commencement:     12 June 2017

Date of Termination:             31 December 2024

Gross Weekly Pay:                   €876.74

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

Dated:   09/01/2026

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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