ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000464
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-00000586-001 | 02/11/2015 |
Date of Adjudication Hearing: 20/09/2016
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:
I was working in above mentioned school for 10.5 years during which time I worked on a part-time basic for approximately 2yrs the last year of my employment being one of these years. When I received my redundancy payment it had been calculated on a part-time basic and did not include the full time years I had worked. When my hours were reduced in 2013 I was not made aware that I was entitled to apply for payment due to loss of hours. |
Respondent’s Submission and Presentation:
The Claimant hours were calculated on the hours she held in the 12 months prior to her redundancy. Her hours were reduced from 32 to 16 with effect 1 September 2013. The Redundancy Scheme of 2006 allowed for compensation for loss of hours where a full post of 32 hours was reduced from that date. However, no application for compensation fir loss of hours was submitted to the Dept. of Education within the 52 week time limit.
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:
This claim was made under the Redundancy Payments Act 1967. The Claimant entitlement under this Act has been implemented. Therefore the claim fails.
Dated: 04/01/2017