ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00020742

Parties:

	Complainant	Respondent
Anonymised Parties	An employee	A Childcare facility

Representatives

Self represented

Sarah Faulkener, Arthur Cox

Complaint:

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-00027346-001	28/03/2019

Date of Adjudication Hearing: 09/07/2019

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The complaint referred on 28^th March 2019 is that the following the sale of the business, the Complainant did not receive redundancy.

Summary of Complainant’s Case:

The Complainant was employed by the Respondent from 1^st August 2006 to 17^th August 2018. The business was transferred to another owner and the Complainant was promised the same conditions of employment. However, this was never confirmed to her in written form.

Summary of Respondent’s Case:

The Respondent transferred the business to a new owner in August 2018. At that point she advised the new owner of all the relevant details of staff, including the Complainant. It is submitted that this is a TUPE (Transfer of Undertakings) issue and not a matter of redundancy.

Decision:

I note the evidence that the business transferred to a new owner and the Complainant is currently employed in same. In the circumstances where her job has not been eliminated and the business has not ceased, redundancy is not relevant in this instant case. I note the evidence that the new owner confirmed the employee’s contract is effective from her start date with the Respondent. The Complainant may have issues in respect of transfer of undertakings entitlements. However, the complaint here is misconceived and I do not find the complaint to be well founded.

Dated: 6^th August 2019

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Key Words:

Redundancy. Transfer of Undertakings.