ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00010984

Complaint(s):

ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00014716-001 01/10/2017   Date of Adjudication Hearing: 12/12/2017 Workplace Relations Commission

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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 respondent has employed the complainant for the past 17 years. She has been job sharing for the last 14 years. The respondent has recently required that she revert to full time working. The parties made oral submission to the hearing.

Summary of Complainant’s Case:

The complainant submits that in the circumstances described she is entitled to redundancy.  

Summary of Respondent’s Case:

The respondent submits that the complaint has been submitted under the wrong legislation.  

Decision:

Section 41 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.   The complaint is misconceived under this enactment and is therefore not well founded.  Dated:   18.12.17 Workplace