ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00010386

Parties:

Complaint(s):

Date of Adjudication Hearing: 06/11/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

[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).

This decision should be read with ADJ 10385

Background

The claimant commences employment with the respondent Number 1 on the 1st June 2012. She was paid €300gross €270 net per week. It was submitted that in April 2017 she received notice of termination of employment. The claimant went out on sick leave on the 4th October 2014 and she handed Medical certificates to the respondent’s supervisor on a weekly basis up until the February 2017. The claimant went to her place of employment to speak about her long-term illness and the possibility to return to work. The claimant only then discovered she was not in the system. A member of the management team presented the claimant with a p45 from one of the named business dated the 14th June 2015 the claimant was not notified that the business had changed names since she was out on sick leave.

The claimant submitted details of email correspondence she had with a number of named persons acting for their respective owners.

Findings

The respondent’s did not show at the hearing.

I find that the claimant had a contract of employment with the 1st Named respondent.

I find that a P60 was issued to the claimant by respondent number 2.

I find no evidence that claimant's employment was transferred from respondent number 1 to respondent number 2.

I find the claimant went on sick leave on the 4th October 2014.

I find based on the evidence submitted the business changed from respondent number 2 to respondent number 3.

I find based on the documentation that respondent number 4 is trading as respondent number 3.

I find an email dated the 18th March 2017 Which stated “you had been an employee of respondent no 2 at the 14th June 2015 and should have been included in the list of staff who were carried over from respondent no 2 to respondent no 4”

I find based on the evidence at no stage was the claimant advised of the changed. I find that the claimant had handed in medical certificated to the management’s supervisor on a weekly basis. I find that when the claimant went to get a date for a return to work it was only then she discovered what had transpired and she was handed a P45 dated the 14th June 2015.

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.

I find that the claimant is entitled to her redundancy for the appropriate reckonable service from 1st June 2012 to the 8th March 2017

Dated:   31/01/18

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Key Words: