ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001041
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00001484-001 | 15/12/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00001484-002 | 15/12/2015 |
Date of Adjudication Hearing: 09/05/2016
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
My client received correspondence dated 10th November 2015, that there was no grounds for redundancy due to an alleged misconduct. This Gross Misconduct is completely disputed and correct procedures were not adhered to. |
Client commenced employment in 07/02/2005. In or around December 2014, my client was questioned over the selling of Zinc roofing which was given to my client as a part payment for a job, which was agreed beforehand. My client subsequent to this was told in or around December 2014 to go home and that his employer will ring him when he is needed again. Within a week my client received a P45 in the post. He immediately contacted his employer about the P45 and his employer informed him that he has no work available at the moment but will have in a few months time. In the interim his employer employed another employee to fulfill his role. When no job was forthcoming my client requested redundancy on numerous occasions to which he received a reply by letter dated 10th November 2015 stating that his employment was terminated on 15th December 2014 due to Gross Misconduct due to theft. This is the first my client heard of this allegation. No grievance or disciplinary procedures were applied. |
Respondent’s Submission and Presentation:
The Respondent was present at the Hearing and denied all the claims.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. As the claimant was not present at the Hearing and the Respondent denied all the claims I find the claims not well founded.
Dated: 8th August 2016