ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Decision Reference: ADJ-00001214

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 26/04/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Venue:

Ardboyne Hotel Navan

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under section 8 of the Unfair Dismissals Act 1977 and under section 7 Terms of Employment (Information) Act 1994, following the referral of the complaints/disputes to me by the Director General, I inquired into the complaints/disputes and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints/disputes.

Background:

The Complainant was employed as an operative from the 19^th of September 2011 to the 6^th of August 2015. She was paid at the rate of €780 per fortnight for working a 39 hour week. She alleges that she was unfairly selected for redundancy and did not receive a written statement outlining her terms and conditions of employment in line with section 3 of the Terms of Employment (Information) Act 1994. She filed her complaint with the Workplace Relations Commission on the 22^nd of December 2015.

Complaint 1: Ref No. CA-00001633-001- Unfair Dismissals Act 1977

Complainant’s Submission:

That she was unfairly selected for redundancy in relation to another worker. She did receive her redundancy pay but she should have been retained in the employment for a longer period of time because of her service relative to another employee.

Respondent’s Submission:

The Respondent did not attend at the hearing but he forwarded a letter to the Workplace Relations Commission on the 13^th of April 2016 which stated;

Re: Complaints/Disputes by the Complainant/and the Respondent Company .

In relation to the above matter, I wish to inform you that the Respondent Company has ceased trading and is in the process of winding down. The company no longer has any employees and as the companies former directors reside in Australia there is nobody available to attend the hearing.

Can you please inform the relevant parties within the workplace relations Commission of the changes in the company’s status and please inform them that nobody is available to attend a hearing.

Yours Sincerely,

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint/dispute in accordance with the relevant redress provisions under Schedule 6 of that Act and under section 8 of the Unfair Dismissals Act 1977.

The Complainant decided after discussing matters with her former work colleagues who attended the hearing, not to proceed with this complaint. Therefore I find that this complaint fails as it was withdrawn by the Complainant.

Complaint 2: Ref no. CA-00001633-002 – Under the Terms of Employment (Information) Act 1994

Complainant’s Submission:

She stated that she was not provided with a written statement outlining her terms and conditions of employment contrary to section 3.1 of the Terms of Employment (Information) Act 1994.

Respondent’s Submission:

The Respondent did not attend at the hearing.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint/dispute in accordance with the relevant redress provisions under Schedule 6 of that Act and under section 7 of the Terms of Employment (Information) Act 1994. Based on the evidence presented on the hearing I find that the complaint is well founded. I order the Respondent to pay to the Complainant €1400 for breaches of section 3.1 of the Terms of Employment (Information) Act 1994. This sum must be paid within 6 weeks of the date of this decision.

Dated: 5^th September 2016