ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004776
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006479-001 | 16/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00006479-002 | 16/08/2016 |
Date of Adjudication Hearing: 04/01/2017
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:
I was asked to sign a list of names to confirm my acceptance of a new contract with a new company and I was not given any information about the contract. I later signed the list of names as I was in fear of losing my job but I was told that by not signing it previously I had resigned and I was dismissed on the basis that I had resigned, which I had not. |
I was dismissed on 22nd February 2016 and I was not paid notice pay. |
The Claimant was originally employed by a recruitment agency which transferred it undertakings to another agency. Although the Claimant did eventually sign his new contract he was dismissed by the Respondent who claimed it was a resignation.
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.
As there was an unexplained absence of the Respondent I accept the uncontested evidence presented on behalf of the Claimant. I find the claims well founded and make the following awards;
CA-6479-001
Under SI 131 of 2003, I award €10,000.00
CA-6479-002
€1,303.07 in notice
I award a total of €11,303.07
Dated: 25th April 2017