A worker with over 52 years experience who was left "in limbo" when she was laid off during the Covid-19 pandemic has been awarded a redundancy lump sum of almost €30,000.
The Workplace Relations Commission (WRC) heard Ann Flannagan began her employment with JJ Lalor Limited in 1967 working as a dispatch clerk at a franchise that operated from the Veritas Shop on Lower Abbey Street.
Ms Flannagan told the WRC that she was laid off in March 2020 due to the Covid-19 pandemic and subsequently heard nothing from the company for over a year.
She sought adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967.
The company claimed Ms Flannagan had been offered an alternative position at their main base and therefore had not been made redundant.
However, the WRC ruled in favour of Ms Flanagan, noting that she had initially been told that her role was redundant and had subsequently been left "in limbo" following a later offer of a role at the company's main base.
Ms Flannagan told the WRC that after the initial lay-off, she contacted JJ Lalor Ltd on 28 June 2021 to say that she had been expecting the company to contact her regarding her position.
She said she was told that the shop where she had been working was closed, so the company's franchise in the shop had ended.
Ms Flanagan said she asked for clarification about her position and was told her job was redundant. However, she said when she asked for the terms of the redundancy the company told her it had not said that her position was redundant but rather that the franchise where she worked was no longer in operation and her position was available in the company’s main base.
Ms Flanagan said she did not respond as she was waiting for the company to get back to her with further details. On August 23, 2022 she sent a RP9 Redundancy Form to the company giving notice of her intention to claim a redundancy lump sum because of a lay-off.
She said she got no reply and submitted the complaint on 21 September 2022.
In response, JJ Lalor Ltd denied that Ms Flannagan was made redundant and submitted that she had been placed on temporary lay-off and refused to take up an offer of suitable alternative employment which was made on August 4, 2021. The company claimed Ms Flannagan and was therefore "debarred" from claiming redundancy.
The company said Ms Flannagan worked as a dispatch clerk working 39 hours per week in a franchise they operated at the Veritas shop.
When Ms Flannagan reached the company’s normal retirement age of 66 in 2018, she made a request to continue working on a part-time basis of 20 hours per week and this was agreed by the company.
The company said that on 18 March 2020, Ms Flannagan was placed on temporary lay-off because of the Covid-19 pandemic.
JJ Lalor Ltd submitted that the former employee’s claim was out of time as she had submitted the RP9 Redundancy Form to the company more than a year after her last correspondence in which she had asked about the proposed terms of redundancy.
However, Workplace Relations Commission Adjudication Officer Hugh Lonsdale found that Ms Flannagan had been left "in limbo" and said in those circumstances he would use his discretion to extend the time limits to 104 weeks.
Mr Lonsdale noted that Ms Flannagan had been employed by JJ Lalor Ltd for more than 52 years when she was laid off because of the Covid-19 pandemic in March 2020.
He said there was no communication between the parties until June 2021 when Ms Flannagan initiated a "limited correspondence" between the parties which was "vague and inconclusive" on both sides.
He said it appeared the company was not expecting her to want to return to work. He said Ms Flannagan would have been happy to be made redundant.
Mr Lonsdale said he had a difficulty establishing when or if Ms Flannagan was dismissed.
He noted that on June 30, 2021 she was informed that: "The franchise has been discontinued" and on July 19 she was told "the franchise is no longer in operation, therefore unfortunately your job in Veritas, Lower Abbey Street is redundant".
However, on 4 August 2021 she was informed that: "We didn't communicate your position with JJ Lalor Limited was redundant, only that the franchise of JJ Lalor in Veritas 7/8 Lower Abbey is no longer in operation" and Ms Flannagan was told her position was available in their main location.
"I consider the letter of 19 July 2021 to be clear in stating the complainant’s job is redundant and this I take to be the date of dismissal," he said.
Mr Lonsdale said no redundancy payment was made however, and shortly afterwards the company told Ms Flannagan a position was available in their main base. She did not respond to this offer and submitted a form in August 2022 claiming redundancy following a lay-off.
He found Ms Flannagan’s claim came within the requirements of sections 11 and 12 of the Redundancy Payments Act and awarded her a redundancy payment lump sum of €28,764.94.
