ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006740
Parties:
| Complainant | Respondent |
Parties | Solicitor | Solicitor’s Practise |
Complaint(s):
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-00009024-001 | 10/01/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00009024-002 | 10/01/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00009024-003 | 10/01/2017 |
Date of Adjudication Hearing: 27/03/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Location of Hearing: Room G.07 Lansdowne House
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts, Minimum Notice & Terms of Employment Act 1973 Organisation of Working Time Act 1997] 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 Claimant is seeking her redundancy entitlement, minimum notice and holiday pay. |
Summary of Complainant’s Case:
The Claimant was employed by the Respondent (deceased) from 1997 until July 2016. The practised ceased to trade on the Respondent death. She has not received her entitlements. |
Summary of Respondent’s Case:
The Respondent practise ceased on 30 November 2016 by way of a decision of the Law Society. One of the named Respondent , a solicitor who took on the practise, never employed the Claimant and is a stranger to these proceedings. |
Findings and Conclusions:
I accept that the Respondent who attended the Hearing is not and never was an employer of the Claimant. |
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.
The Claimant’s claims are a matter for the other named Respondents to answer. However the Claimant has not provided a forwarding address for the Respondent estate and we cannot inform them of her claims. This is a matter for her to deal with. |
Dated: 22/8/17
Workplace Relations Commission Adjudication Officer: