ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004673
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-00006681-001 | 28/08/2016 |
Date of Adjudication Hearing: 28/11/2016
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:
Entitlement as per redundancy calculator based on my P60 is €1973.66, the amount I received was €1067.50, amount still due to me is €906.16. The Claimant outlined the events where the business was transferred and she was made redundant as a result. |
Respondent’s Submission and Presentation:
The Respondent outlined the events that led to the sale of their business. The Claimant refused to work for the new owner and wanted go on Social Welfare. She was offered a job in their other business Flowers Made Easy but she refused. The Respondent gave a history of their dealing with the Claimant which they stated was not a redundancy situation. The payment was a compromise with her. She sent her CV to the new owner after the lump sum was paid.
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.
I have considered the submissions of both parties. I am satisfied that the Claimant could have transferred to the new owner or to the Respondent’s other business but declined both of these offers. Therefore a genuine redundancy situation did not exist. Therefore what was agreed was a lump sum payment as the request of the Claimant.
The Redundancy Payments Act is not applicable in this case. I do not find the claim well founded and it fails.
Dated: 24 March 2017