ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007681
Complaint
|
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-00010181-001 | 10/03/2017 |
Date of Adjudication Hearing: 29/08/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 and 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.
Background:
The Complainant was employed with the named Respondent from 15th May 1999 until the employment transferred under the European Community –(Protection of Employees on Transfer of Undertaking) Regulations S.I. 131 of 2003 on 3rd May 2016. The Complainant was paid €1080.00 net per month and she worked 32 hours each week from Monday to Thursday from 9.30am to 5.30 pm. The Complainant referred a complaint to the Workplace Relations Commission on 10th March 2017 seeking her Redundancy entitlements from the Respondent (Transferor) under the Redundancy Payments Act, 1967. Preliminary Issue – Redundancy or Transfer of Undertaking. The evidence from the Complainant was that she transferred to another named Employer on 3rd May 2016 and she continues to be employed by this Employer. The Complainant confirmed at the Hearing that she had transferred under the European Communities (Protection of Employees on Transfer of Undertaking) Regulations S.I. 131 of 2003 to another named Employer on 3rd May 2016. |
DECISION.
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.
On the basis of the evidence presented to me at the Hearing on 29th August 2017 I declare that a Redundancy situation did not arise but rather the Complainant’s employment transferred under S.I. 131 of 2003 from the Respondent, the Transferor, to another named Employer, the Transferee, on 3rd May 2016. I declare the complaint fails under the Redundancy Payments Act, 1967
Dated: 18/10/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Redundancy or Transfer of Undertaking |