Case Number: ADJ-00021575. Workplace Relations Commission

• Docket Number: ADJ-00021575
• Hearing Date: 14 November 2019
• Date: 11 December 2019
• Court: Workplace Relations Commission
• Parties: A Sandwich Artist v An Employer

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following 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.

Summary of Complainant’s Case:

The Complainant claims that she commenced employment with the Respondent as a sandwich artist on 22 February 2014. She worked there with two others and the owner. She said that the owner told the staff on 29 January 2019 that due to poor financial returns the shop will be closing in a few days’ times. The shop closed for business on 2 February 2019 and never opened again. The Complainant said that she was not offered any alternative work and is claiming her statutory redundancy. The Complainant said that she worked up to approx. 20 hours per week and was paid €200 per week.

Summary of Respondent’s Case:

The Respondent attended the hearing on the day and said the business was trading negatively for 3 years and after ten years in business she had no choice but close the doors in February 2019. She also provided me with an update on the Respondent’s correct details for the WRC records, which I have amended accordingly. The Respondent corroborated the Complainant’s evidence.

Findings and Conclusions:

The Relevant Law General right to redundancy payment. Section 7 of the Redundancy Payment Act 1967 states the following, “(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...