ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001448
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-00002002-001 | 18/01/2016 |
Date of Adjudication Hearing: 20/04/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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:
I had been working in the Respondent shop in a shopping centre for eight years. The shop closed down at 1st October 2015. The previous owner informed me that the shop was closing down in mid-July and I could work to the last day. On the same day I asked my employer about my redundancy pay which he replied " do you want to drink my blood, I don't have money now." So no resolution or agreement was ever reached at that time for a redundancy payment to be made to me. After the shop closed down I went home to China for one month as I had to look after my mum because she was feeling unwell. I came back on September 2015 and rang him. he said he would open another shop . I said "good to hear that and if you can hire me again ? He told me he took over the shop and will take over the shop's staff as well, as a result he could not hire me ." Then I sent a text message to him for the redundancy pay which he refused me and said I had quit the job. I worked for him for eight years and worked to last day I did not quit the job. Following on, I sent another message to him confirming that I didn't quit the job and I am entitled to a redundancy payment. After that, he sent an Email to me that saying that he wanted to hire me again, but I don't think I can trust him again as the trust has broken. |
Respondent’s Submission and Presentation:
The Claimant verbally resigned his employment in July 2015, after he was not granted extended leave. The Respondent closed their business on 1 August and reopened in another location on 23 October 2015. The Claimant was offered a role in the new business on the same terms as before but refused.
Decision:
Section 41(4) 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.
[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]
Issues for Decision:
Is the Claimant entitled to a redundancy payment?
Legislation involved :
Section 39 of the Redundancy Payments Act 1967
Decision:
I have considered the submissions of the parties. From the evidence presented to me I accept that the Claimant tendered his resignation in July 2015 to return to his home country. Therefore, he is not entitled to claim a redundancy payment.
The claim fails.
Dated: 12 December 2016