ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003834

Complaint for Resolution:

Date of Adjudication Hearing: 01/12/2016

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint. 

Complainant’s Submission and Presentation:

The complainant says he was offered a settlement in excess of the statutory redundancy terms at a meeting with the respondent on April 8^th 2016.

However, when he received the letter confirming his actual redundancy terms, no reference was made to that agreement. He was paid his statutory entitlement only.

Respondent’s Submission and Presentation:

The respondent submitted that no record existed of that meeting or the terms in excess of the statutory terms allegedly offered.

Statutory payments had been made and accepted in respect of the redundancy and there is no jurisdiction under the Act to award terms in excess of the statutory terms.

Findings and Conclusions

I accept the submission of the respondent in respect of the jurisdictional issue.

Section 19 of the Redundancy Payments Act 1967 confers an entitlement to a lump sum payment on dismissal which the complainant confirmed that he had been given.

Once statutory terms have been offered and accepted there is no jurisdiction under the provisions of the Redundancy Payments Act 1967 to go any further.

Accordingly his statutory entitlements have been met and no further complaint arises.

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.

For the reasons set out above I do not uphold complaint CA-00005624-001 and I dismiss it.

Dated:   10/03/2017