ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00004933 

Complaint(s):

Date of Adjudication Hearing: 19/01/2017

Workplace Relations Commission Adjudication Officer: Michael Hayes

Location of Hearing: Galway Maldron Hotel

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 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 complainant was first employed by the respondent’s on the 5^th of February 2007 and worked as a receptionist/secretary/administrator. Her employment transferred to another company (owned by the respondent’s daughter) on the 7^th of October 2013. She was paid €485.09 and worked 40 hours per week. Her employment ceased on the 12^th of September 2014. The complainant made written and oral submission to the hearing.

Findings and Conclusions:

I am satisfied that the named respondent was not the complainant’s employer on the date of her dismissal/redundancy and that she had previously been transferred to the company owned by the respondent’s daughter by way of TUPE in October 2013.

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.

Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

The complaint is not well founded.

Dated:   31 October 2017

Workplace Relations Commission Adjudication Officer: Michael Hayes