ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007710
Parties:
| Complainant | Respondent |
Parties | A Butcher | A Food Company |
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-00010336-001 | 21/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00010336-002 | 21/03/2017 |
Date of Adjudication Hearing: 11/09/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 39 of the Redundancy Payments Act, 1967 with 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).
1: Summary of Complainant’s Case:
The Complainant is seeking a declaration that his employment service for the purposes of the Redundancy Payments Act, 1967 is from his initial start date of the 1st October 1979 to his end date of the 2nd December 2016. It appears from correspondence that an inaccurate start date of February 2001 (the date the last owner took over the business) may have been inadvertently supplied to the Department of Social Protection. It had been agreed by the last employer that full service credit back to 1979 was being allowed. A signed PR50 form confirming this was presented in evidence. |
2: Summary of Respondent’s Case:
The Respondent agreed with the Complainant and was at a loss to fully explain why the 2001 date had been entered into communications. It was agreed that the 1979 start date was the correct figure. A letter from the Revenue Commissioners supporting the start date in 1979 and the continuity with the same business was presented in evidence. Department of Social Protection Eligibility Section correspondence also supported the service claim. |
3: Findings and Conclusions:
The documentary evidence from the Revenue and the Department of Social Protection Eligibility Section both confirm, in my view that the validated starting date for the Complainant was as agreed on the RP50 form ( the 1st October 1979) signed by both parties on the 29th October and the 2nd of November 2016 respectively. Accordingly the Redundancy needs to be calculated based on this (1st October 1979) starting date. Under Section 39 of the Redundancy Payments Act, 1967, as currently amended, I so direct. The Redundancy to be fully in keeping with all rules and regulations in force from the Department of Social Protection. |
4: Formal 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.
Act | Complaint/Dispute Reference No. | Decision / Refer to Section 3 of this Adjudication for reasoning. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00010336-001 | Claim well founded and is upheld. Start date of 1st October 1979 to be used in Redundancy calculations. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00010336-002 | Claim encompassed in CA-00010336-001(above) This element of the claim regarding financial notification is covered in correspondence from the Respondent’s Accountants. This information complaint (CA-00010336-0020 is, accordingly, not well founded and is dismissed |
Dated: 21/09/17
Workplace Relations Commission Adjudication Officer: Michael McEntee