Complainant

Respondent

Parties

Jonathan  De Souza Santos

Rage Restaurant Coal Restaurant

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-00075460-001

16/09/2025

The Complainant was employed by the respondent as a Sous Chef from 8th of October 2019 to 4th of February 2024 when the business closed down.  The complainant is Brazilian and his job with the respondent was his first job in Ireland.

The within claim is a claim for a statutory redundancy payment under the Redundancy Payments Acts 1967–2014.

I note that the complaint as presented is outside the standard twelve-month time limit. The Complainant has submitted that I should extend the submission period for a further twelve months, due to reasonable cause.  This will be dealt with as a separate preliminary point in my decision.

The complainant submits that

He was employed by the respondent as a Sous Chef from 8th of October 2019 to 4th of February 2024 when the business closed down.

He is from Brazil and his job with the respondent was his first job in Ireland

The Complainant was advised that the respondent had to sell the business.   He was not given any advance notice of his redundancy.

He was not given any information about his rights and was not aware of the right to apply for redundancy or the timeframe within which this had to be done.

The complainant submits that he was told by the respondent that his redundancy would be sorted once the business was sold.

He is aware that the respondent applied for redundancy on his behalf but by the time this happened it was too late and the application was denied.

The Respondent was not in attendance at the hearing. I am satisfied that the respondent was on notice of the hearing.

Pre-liminary issue of time-limits.

The complainant advised the hearing that he was employed by the respondent from 8th of October 2019 and that his employment had ended on 4th of February 2024.  The claim to the WRC was submitted on 16th of September 2025.

Section 24(1) of the Redundancy Payments Act 1967 requires complaints to be presented within twelve months of the date of dismissal. Under Section 24(2), an Adjudication Officer may extend this period for up to a further twelve months where “reasonable cause” existed for the failure to present the complaint within the first twelve months. The applicable test is not whether exceptional circumstances exist, but whether the explanation is reasonable, taking into account the complainant’s personal circumstances and the objective credibility of the account provided.

The Complainant was not represented and presented his own case.  The complainant advised the hearing that he is from Brazil and that that the job with the respondent was his first job in this country.

The complainant stated that he had worked for the respondent company as a Sous Chef from 8th of October 2019 until the business closed on 4th of February 2024.      The complainant stated that it was a sad time for the respondent who lost their business but that he had been told by the respondent owner that he would get redundancy and that they would look after it once the business was sold.  The complainant stated that it took a long time to sell the business and by the time the respondent liquidator made the application for the complainant’s redundancy payment it was outside of the time limits and so it was refused. 

The complainant in his evidence submitted a letter form the respondent stating that he had been employed by them for the time period outlined and stating that the business had closed on 4th of February 2024 and that the application for the complainant’s redundancy payment had failed as it was submitted too late.    The complainant stated that he had not known what to do at the time the business closed as he did not want to put any further pressure on the respondent as it was not a good time for them as the business had failed.

The complainant stated that once he became aware that the application for a redundancy payment had failed, he went to the Citizens Information who advised him to file a claim with the WRC.

Having considered the submissions and evidence provided, I am satisfied that reasonable cause has been established and that the complaint should be allowed to proceed.

Entitlement to Redundancy Payment

The entitlement to a redundancy payment is set out in Section 7 of the Redundancy Payments Act, 1967 which states as follows:

7(1) An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided—

(a) he has been employed for the requisite period, and

(b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment or had ceased to be ordinarily employed in employment which was so insurable in the period of four years ending on that date.

(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,

A complainant must be able to show a minimum two years (104 weeks) of service in the employment.  I am satisfied that the Complainant herein qualifies.

 Where I deemed it necessary, I made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties as prescribed by Statute.

Under the Redundancy Payments Acts, an eligible employee who is found to be redundant is entitled to a statutory redundancy payment for every year of service (per Section 7 of the Redundancy Payment Act of 1967). The Acts provide for a payment of two weeks gross pay for each year of service (this is capped). A further bonus week is added to this. An eligible employee is one with 104 weeks of continuous employment with an employer and whose position has ceased to exist. The calculation of Gross weekly pay is subject to a ceiling of €600.00. Gross pay is the current normal weekly pay including average regular overtime and benefits-in-kind and before tax and PRSI deductions. A Redundancy payment is generally tax free.

In this instance, I am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence:

The employment start date: 8th of October 2019

The employment end date: 4th of February 2024

Gross weekly wage: €678.40

Any award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952 to 1966.

I find that the complaint under the Redundancy Payments Acts, 1967 – 2012 is well-founded and that the complainant is entitled to a redundancy payment based on the following criteria:

The employment start date: 8th of October 2019

The employment end date: 4th of February 2024

Gross weekly wage: €678.40

The award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952 to 1966.