ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00009487

Parties:

	Complainant	Respondent
Anonymised Parties	A Retail Shop Worker	A Supermarket Chain

Representatives

Self-Represented

Lisa Conroy Peninsula Group Limited

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-00012416-001	11/07/2017

Date of Adjudication Hearing: 04/12/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 acknowledged that she had received a Redundancy Payment but was querying the calculations and the final amount provided by the Department of Social Protection.

2: Summary of Respondent’s Case:

The Respondent pointed to ADJ- 0005468 and referenced the stated decision that they had no liability in this case.

3: Findings and Conclusions:

The issue in this case is a query over the amounts paid by the Department of Social Protection.

An Adjudication Officer cannot assist with this matter as the calculations of a Redundancy Payment is a matter for the Department of Social Protection and follows their own legal Regulations, procedures and information on their files.

Accordingly, this claim has to be dismissed for want of Adjudication Officer jurisdiction.

It is open to the Complainant to lodge an Appeal, under Section 39 (16) of the Redundancy Payments Act, 1967, to pursue the claim further with the Department of Social Protection as the Respondent.

4: Decision:

Section 41 of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Summary Decision /Refer to Section 3 above for detailed reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00012416-001	Claim as presented is dismissed for want of proper Adjudication Officer jurisdiction.

Dated: 11th May, 2018

Workplace Relations Commission Adjudication Officer: Michael McEntee

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