ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004097
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-00005000-001 | 02/06/2016 |
Date of Adjudication Hearing: 13/12/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or Section 39 of the Redundancy Payments Act, 1967 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:
Started with company in 2011 under a different owner. When Respondent A took over, I received confirmation in writing that my time served to the company would be taken over under the new ownership. I received notice on 7/03/2016 that Respondent A was leaving the shop as owner. He left ownership of the shop on the 14/03/2016 which resulted in one weeks notice of termination for which I never received any written notice. Since this time, I have tried emailing, texting, and calling Respondent A on numerous occasions with no reply on any occasion. As I am entitled to redundancy I am worried that since I have received no conformation of any action taken Respondent A I need to escalate this matter further. |
Respondent’s Submission and Presentation:
The named Respondent gave up the concession/franchise to operate the named Fast Food outlet on the 14 March 2016. The Complainant continued working for a new owner – in effect had a TUPE transfer and the liabilities transferred to the new Operator. The Named Respondent notified all staff in March 2016 that he was exiting the business.
Accordingly the named Respondent has no liabilities to the Complainant.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and or Section 39 of the Redundancy Payments Act, 1967 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.
Issues for Decision:
Is the named Respondent liable for the Redundancy claimed by the Complainant?
Legislation involved and requirements of legislation:
The Redundancy Payments Act, 1967
Decision:
The named Respondent operated the business under licence from Jan 2015 to 14th March 2016 when he surrendered the concession back to the original owner. The Complainant continued in employment until he resigned to return to College in late August 2016.
On two grounds the Claim is dismissed –
Firstly the Named Respondent ended his relationship with the business in March 2016 and the Complainant’s employment effectively transferred back to the original owner of the licence. He continued to work as normal. The Named Respondent is not liable for any Redundancy payment to the Complainant.
Secondly, without any prejudice to the first point above, the Complainant resigned his employment in August 2016 to go back to College.
Dated: 25 April 2017