Gavin Croke wins redundancy and notice pay after restaurant closure

Gavin Croke won a statutory redundancy lump sum and two weeks’ notice pay after his restaurant employer did not reopen following pandemic lockdowns. The Workplace Relations Commission (WRC), in a decision dated 13 October 2023, found his redundancy complaint well founded. Croke had worked as a chef for Eat Street Ltd Bell And Bear Coffee since December 2016. He was laid off in March 2020. The company said it had extended its lease while looking for new premises and argued that Croke’s other work meant he was unavailable to return. The restaurant did not reopen. The WRC found Croke had been laid off for the required period and had given written notice that he intended to claim redundancy. The company had not served a counter-notice confirming that he would return to work. It directed payment of the statutory redundancy lump sum, calculated using his service through 30 September 2021 and weekly gross pay of €480, plus two weeks’ notice pay at €480 per week. His separate holiday-pay complaint was withdrawn after the holidays due had been paid.