ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001113

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-00001532-001	17/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00001532-002	17/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00001532-003	17/12/2015

Date of Adjudication Hearing: 09/03/2016

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 received a P45 on 19th June 2015. I had received no previous notice of the termination of my employment. I made numerous telephone and email calls to my employer, seeking redundancy. I was advised that an application had been submitted to the Department of Social Protection on my behalf. However, upon contacting the Department myself, I was advised that they had not received any application on my behalf. I have received no notification of my redundancy entitlement, or any documentation stating that my employer is not in a position to pay any redundancy entitlement. I have received no payment.

I was on Maternity Leave from 14th December 2012 until 14th June 2013. I was then on unpaid sick leave. My employment was transferred under the TUPE provisions on 7th October 2013, and I remained on sick leave. I received a P45 on 19th June 2015. I sought the payment of public holidays accrued during my Maternity Leave, but I received no response from my employer.

I was on Maternity Leave from 14th December 2012 until 14th June 2013. I was then on unpaid sick leave. My employment was transferred under the TUPE provisions on 7th October 2013, and I remained on sick leave. I received a P45 on 19th June 2015. I sought the payment in lieu of annual leave accrued during my Maternity Leave, but I received no response from my employer.

Respondent’s Submission and Presentation:

The Claimant submitted her resignation in writing on 14 March 2015 with effect from 21 March.

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:

Has the Claimant any entitlement due to her from the Respondent

Legislation involved and requirements of legislation:

Section 39 of the Redundancy Payments Act 1967

Section 27 of the Organisation of Working Time Act 1997

Decision:

I have considered the submissions made by both parties. The Claimant was on maternity leave from December 2012 to June 2015. However, she submitted her resignation in March 2015 and therefore ceased to be an employee. She submitted her complaint in December 2015; therefore any complaint under the Organisation of Working Time Act is out of time. Furthermore, there is no evidence that a redundancy situation exists.

The claims fail.

Dated: 21/06/2016