ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001665
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-00002281-001 |
30/01/2016 |
Date of Adjudication Hearing: 06/04/2016
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 39 of the Redundancy Payments Act, 1967, 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:
The complainant was employed as a Butcher with the respondent since 2009. The previous owner died in 2014 and the business was transferred to his wife. Business was carried out then until 10th October 2015, when the complainant was told the business was closing. The complainant was told he was not entitled to redundancy as he had been in the employment for less than two years. However, he had not received any notification of transfer in 2014. |
Respondent’s Submission and Presentation:
The owner of the business died in tragic circumstances and his widow endeavoured to keep it going by closing it in her husband’s name and opening with a new Employer Registered number. The previous owner’s estate was not probated and was heavily in debt. It is not intended to deprive the complainant of his redundancy however, liability is denied.
Decision:
I find there was an automatic transfer of undertakings in this case, the complainant had continuous service in insurable employment since 9th September 2009 and he is entitled to the statutory redundancy payment in this case €5,967.
Dated: 7th June 2016