ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003984
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00005788-001 | 12/07/2016 |
Date of Adjudication Hearing: 14/11/2016
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:
There was an unexplained absence of the Claimant.
I was unfairly selected for redundancy. I received a letter from the company on 14th March 2016 indicating that it was anticipated that redundancies would be made from the department I worked in. I had a consultation with my manager and HR on that date. There were further meetings on the 21st March 2016 and on 24th March 2016 in this regard. At these meetings, I was not provided with a copy of the selection criteria being used. I requested this and I requested copies of the minutes of the meetings. These were not provided. I was shown the selection criteria at one of the meetings but I never received a copy. I say that the selection criteria used, as far as i can recall, were inconsistent with a true redundancy situation. I say that one of the selection criteria used was "disciplinary matters" and this was weighted more heavily than the other criteria. I say that I was entitled to be informed of the selection criteria prior to the redundancy process commencing. I was called to attend a final meeting on 6th April 2016. After this meeting, I received a letter informing me that I had been made redundant. I say that this letter was dated 5th April 2016. I say the company made the decision to make my role redundant in advance of my final meeting. Furthermore I say that when I received my P45, the date of cessation therein stated the 5th April 2016. |
Respondent’s Submission and Presentation:
There was an unexplained absence of the Respondent
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:
As there was an unexplained absence of the Claimant the claim fails for lack of prosecution.
Dated: 5th April 2017