ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004151
Complaint(s)/Dispute(s) for Resolution:
Act
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973
CA-00004380-001
11/05/2016
Date of Adjudication Hearing: 02/11/2016
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:
On June 12 2015 a well know Department Store went into receivership and the respondent were appointed administrators. In the redundancy package I did not receive my one months pay in lieu of notice. I am only making this claim now as i did not know I could claim until I heard about the judgment made by the Labour Courts for 64 union members of Clery’s staff.
The Claimant claimed that she had an entitled to 30 days’ notice.
Respondent’s Submission and Presentation:
The Respondent pointed out that it was never the employers’ of the Claimant and merely dealt with the administration/winding up of an entity.
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.]
Decision:
The Claim fails as the named Respondent was never the Claimant employer.
Dated18th November 2016