ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005215

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

Date of Adjudication Hearing: 16/11/2016

Workplace Relations Commission Adjudication Officer: Ray Flaherty

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and 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:

In her submission the Complainant stated that she had been working in a licensed premises which went into liquidation. She claimed that she had not received her redundancy and was not provided with the statement of affairs required as proof of her former employer's inability to pay redundancy.

Respondent’s Submission and Presentation:

The new owner of the premises attended the Hearing as the Respondent. He informed the Hearing that there was a gap of a number of months between his purchase of the premises and its subsequent reopening under his new management. The Respondent confirmed that all staff had received their P45's from the previous owner.

The Respondent fully accepted his responsibilities under Transfer of Undertaking legislation and was willing to take on the existing staff on their previous terms and conditions. In addition, the respondent offered alternative employment, in one of his other businesses, to all staff for the duration of the period between his purchase of the premises and its reopening. The Complainant was included in this offer. However, he stated that only one staff member availed of this offer.

The Respondent informed the Hearing that he was hoping all staff would return once the premises reopened. According to the Respondent, four of the existing staff returned on a full-time basis and one on a part-time basis, while several others, including the Complainant, chose not to return.

The Respondent stated in evidence that, when he issued new rosters for the reopening of the business, the Complainant sent a text indicating that, as she was out of the country on leave, she would not be in a position to return to work until 9 October 2016. However, on the evening before she was due to return she left a message for the Respondent to the effect that she was not coming back to work.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Legislation involved:

This case was taken under the redundancy Payments Act, 1967

Decision:

Having carefully considered all of the evidence adduced, I am satisfied that the Respondent was prepared to exercise his responsibility, in full, under the Transfer of Undertaking. From the evidence presented, I am further satisfied that all employees of the previous owners of the premises were offered employment by the new owner.

Consequently, I find that redundancy was not an issue in this case. The Complainant was offered employment in line with her previous terms and conditions and she chose to decline this offer. Therefore, I find there is no basis to the Complainant’s claim for redundancy and her complaint in this regard is not upheld.

Dated:   5^th April 2017