ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001143

Complaint 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-00001839-001	10/01/2016

At: Workplace Relations Commission, Haddington Road, Dublin 4

Date of Adjudication Hearing: 23/03/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act, 1967 and following the referral of the complain to me by the Director General, I inquired into the complain and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

The Complainant was employed from 28^th September 2007 by a different Employer and following a Transfer of Undertaking on 11^th September 2013 the Complainant transferred to the Named Respondent. The Complainant was provided with a written statement of his Terms and Conditions of Employment by the Transferee dated 22^nd November 2013.

The Complainant was employed as a Kitchen Porter and Chef.

The Complainant referred a complaint to the Workplace Relations Commission on 10^th January 2016 in relation to Redundancy Payment.

Summary of Complainant’s Position.

The Complainant stated that he was on annual leave in August 2015 and on his return the Respondent Company had closed.

He stated that he had not been paid his Redundancy entitlements.

On the basis of the Complainant’s uncontested evidence and a letter dated 12^th August 2013 from the Transferee to the Complainant the Complainant transferred from the Transferor to the Transferee on 11^th September 2013. Therefore the Complainant has the required requisite continuous employment of 104 weeks as provided by the Redundancy Payments Act, 1967.

Decision:

In accordance with Section 41 (4) of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act, 1967, I declare the complaint is well founded. The Complainant is entitled to payment of Redundancy in accordance with the Redundancy Payments Act, 1967.

Dated: 6^th July 2016