ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010007
Parties:
| Complainant | Respondent |
Anonymised Parties | A Production Operative | A Food Preparation Company |
Representatives | Self-Represented | Did not attend in person -written communication supplied. |
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-00013082-001 | 10/08/2017 |
Date of Adjudication Hearing: 20/05/2019
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 - 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).
At the Oral Hearing it was clarified that as Redundancy had been paid to and accepted by the Complainant the claim in hand was no longer relevant. It could be set aside.
Background:
The issues in contention concern outstanding Holiday and Notice Pay. |
1: Summary of Complainant’s Case:
Notice and Holiday pay are disputed. |
2: Summary of Respondent’s Case:
Did not attend the hearing. Communicated by E mail to establish that Redundancy had been paid. |
3: Findings and Conclusions:
As the Complainant accepted that Redundancy had been paid the claim has no longer any relevance. Complainant accepts that Holiday and Notice Pay complaints are matters for other Legislation. |
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 in accordance with the relevant redress provisions of the cited Acts.
Act | Complaint/Dispute Reference No. | Summary Decision /Please refer to Section Three above for reasoning. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00013082-001 | Claim is dismissed. Redundancy has already been paid and accepted. |
Dated: 31st July 2019
Workplace Relations Commission Adjudication Officer: Michael McEntee