A solicitor’s secretary has won around €7,000 for unpaid wages and statutory redundancy after her employer became insolvent and a plan to have her transfer to another firm fell through.
The Workplace Relations Commission (WRC) made orders against David Gaffney, trading as Gaffney Solicitors, on foot of complaints under the Payment of Wages Act 1991 and the Redundancy Payments Act 1967 by Leona Erangey in a decision published on Wednesday.
Ms Erangey had been a secretary for Mr Gaffney for around two and a half years when he told her in April 2024 that her job would be transferring to another solicitor’s firm, she told the employment tribunal at a hearing last November.
However, her evidence was that “despite many reminders” to Mr Gaffney, this transfer “did not materialise”.
Mr Gaffney also failed to pay her a statutory redundancy lump sum in spite of the transfer falling through, she told the tribunal.
Although she did receive “some payment” when her employment ended, Ms Erangey’s case was that this was “not for the full amount owing”.
She added that she was also due wages for a “back month” of work at the start of her employment.
The complainant had lodged a further wages claim seeking two weeks’ notice pay, but confirmed at the hearing that this had been paid to her.
The decision document, published today, records that Mr Gaffney did not dispute the redundancy and informed the WRC he was “insolvent”. He provided a statement from his accountants confirming this, adjudicator Gaye Cunningham noted.
Upholding a complaint under the Payment of Wages Act 1991, Ms Cunningham found Ms Erangey was owed €2,500 in arrears of pay for the “month in hand”; €729.05 for five days’ wages in her final week, and €1,458.10 for accrued annual leave due on termination.
Ms Cunningham directed the payment of €4,687 to the worker. She also ruled that Ms Erangey was entitled to statutory redundancy based on her two-and-a-half years’ service between October 2021 and May 2024.
The adjudicator added that the payment of statutory redundancy would be subject to confirmation of Ms Erangey’s social insurance record.
At Ms Erangey’s €497.50 gross weekly pay on termination, the lump sum would be worth in excess €2,500, according to the formula of two weeks’ pay per year of service and one bonus week set down in legislation.
