ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002400

 Complaint for Resolution:

Date of Adjudication Hearing: 15th September 2016

Workplace Relations Commission Adjudication Officer: Seán Reilly

Procedure:

In accordance with Section 80 of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Act 1967 and 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.

Background:

The Complainant had submitted a complaint under the Redundancy Payments Act that he had not been paid his redundancy payments at the termination of his employment.   However at the hearing the Complainant stated and confirmed that his complaints related to alleged non-payment of wages and holiday pay and that he had no complaint under the Redundancy Payments Acts.   The Complainant confirmed that his employment had not been terminated by way of redundancy by the Respondent.

Summary of Complainant’s Case:

The Complainant confirmed that he had no complaint against the Respondent under the Redundancy Payments Acts and that his employment had not been terminated by way of redundancy.   The Complainant stated that he had intended to make complaints against the Respondent in relation to alleged non-payment of wages and holiday pay and following discussion he accepted that such matters could not be dealt with by way of a complaint under the Redundancy Payments Acts.

Summary of Respondent’s Position:

The Respondent stated that as the only complaint before the hearing was a complaint under the Redundancy Payments Act 1967 and as the Complainant confirmed he had no complaint under that Act the complaint was not well founded and must be rejected and it was neither necessary or appropriate for them to say any more.

Findings and Decision:

Section 80 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 39 of the Redundancy Payments Act 1967, requires that I make a decision in relation to the complaint consisting of a grant of redress in accordance with the relevant redress provisions of the same Section of the Act.

I have carefully considered the evidence and the submissions made and I have concluded as follows. 

The sole and only complaint properly before me at the hearing was a complaint under the Redundancy Payments Act 1967; however the Complainant confirmed that he had no complaint under that Act against the Respondent and he further confirmed that his employment had not been terminated by way of redundancy by the Redundancy.   In these circumstances I must find and declare that the complaint under Section 39 of the Redundancy Payments Act is not well founded; it is rejected and it is not upheld.

Seán Reilly, Adjudication Officer  

Dated: 23 November 2016