ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00017125

Parties

	Complainant	Respondent
Anonymised Parties	A Waitress	A Restaurant

Representatives

The claimant represented herself

The respondent did not attend and was not represented at the hearing.

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-00022191-001	26/09/2018
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00022192-001	26/09/2018
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00022193-001	26/09/2018

Date of Adjudication Hearing: 05/02/2019

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [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).

The claimant explained that she was having difficulty in completing the complaint form and that all 3 complaints were duplicate complaints

Summary of Complainant’s Case:

The claimant was employed as a waitress with the respondent since March 2005 – she explained that the company had changed its trading name twice while she was working there.The claimant was on maternity leave in 2016 when she was expecting her third child and returned to work in January 2017.She worked from January to April 2017 and submitted that Revenue had no record of her having worked there during that period..She commenced sick leave in April 2017 owing to difficulties with her 4^th.pregnancy .When she contacted Revenue in September 2017 she was recorded as having been employed from the 16.09.17 – 17.09.17.The claimant stated that she handed in her notice in November 2017 and she asked the respondent to complete her redundancy documentation but they refused to do so.She stated that when she sought her P45 after she resigned that they already had signed her off.The claimant stated that the company were taking staff on at the time she tendered her resignation.

Summary of Respondent’s Case:

The respondent did not attend and was not represented at the hearing

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.

[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.]

On the basis of the submissions made at the hearing , no evidence was advanced to support the contention that the claimant was made redundant as defined under the Act .In fact the claimant clarified on 2 occasions that she had voluntarily resigned from the employment. In such circumstances I find the complaint is misconceived and do not uphold the complaint.

Dated:

Workplace Relations Commission Adjudication Officer: Emer O'Shea