ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007937

Complaint(s):

Date of Adjudication Hearing: 15/11/2017

Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 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).

Preliminary Matter:

At the outset of the hearing the Respondent put forward that this complaint had been fully ventilated and adjudicated upon by an Adjudication Officer of the Workplace Relations Commission following a hearing which took place on 22nd November 2016. The matter was dealt with under Adjudication File Ref. ADJ-00004627. A decision in respect of the above matter was issued by the Workplace Relations Commission on 13th March 2017 which decision found that the Transfer of Undertakings Regulations did not apply in circumstances where the Respondent purchased a commercial premises only.

In such circumstances the Respondent submitted that the claim is without substance and foundation and should be dismissed.

Findings on the Preliminary Matter

Having considered the preliminary matter I have decided that this complaint has already been subject of an Adjudication Officer's decision and therefore the principle of res judicata applies.

CA-00010738-001 Complaint under the Redundancy Payments Act, 1967

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.

Dated:   15/03/2018

Workplace Relations Commission Adjudication Officer: Roger McGrath