ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002961
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-00004446-001 | 21/01/2016 |
Date of Adjudication Hearing: 06/07/2016
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).
Attendance at Hearing:
Parties | Complainant | Respondent |
Complainant’s Submission and Presentation:
The Claimant was employed by the Respondent from 2012 until June 2015. The business was taken over by but they do not accept liability for the Claimant and deny any TUPE took place. They have advised him so. The Respondents have denied responsibility. |
Respondent’s Submission and Presentation:
There was an absence of the Respondent or their representative.
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.]
Issues for Decision:
Who is liable for the Claimant’s redundancy payment?
Legislation involved and requirements of legislation:
Redundancy Payments Act 1967
Decision:
In the absence of the Respondent I accept the uncontested evidence presented on behalf of the Claimant. I find the claim well founded and hold the named Respondent liable for the Claimant’s redundancy payment.
Dated: 15 May 2017