ADJ-00000080

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000080

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-00000064-001	05/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00000064-002	05/10/2015

Date of Adjudication Hearing: 17/01/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 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).

Background

The claimant seeking redundancy payment along with the appropriate notice from the respondent having been employed by them since May 2005 to the 15th October 14. The respondent did not dispute the fact claimant was employed by them however they queried the start date.

Findings

The complaint was received by the service on the 5^th October 2015

Both parties made written and verbal submissions at the hearing I find that the respondent was requested to provide additional evidence which was submitted. I find that the claimant was employed on an temporary basis from the 21^st January 06 to the 7^th May ’06 for a period of 15 weeks. I find that based on the records supplied the claimant commenced working for the respondent on the 19th November 07 until the 15th October 2014 on semi full time basis.

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.

CA -00000064-001

I find the complaint to be well founded and the claimant is entitled to redundancy payments in accordance with her appropriate service from the 19^th November 07 to the 15^th October 2014.

CA -000000-64-002

I find the complaint to be well founded and the claimant is entitled to the appropriate notice in accordance with her service from the 19^th November 07 to the 15^th October 2014.

Jim O Connell

Adjudication Officer

Dated 05 April 2017