ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00018428
Parties:
| Complainant | Respondent |
Anonymised Parties | A Student Services Manager | A Third Level School |
Representatives | Self-represented | Unrepresented |
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-00023741-001 | 04/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00023745-001 | 04/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00024394-001 | 20/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00024394-002 | 20/12/2018 |
Date of Adjudication Hearing: 05/02/2019
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 39 of the Redundancy Payments Act, 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).
Background:
The issues in contention concern the Redundancy and Unfair Dismissal of a Manager by a Third Level College now closed. |
1: Summary of Complainant’s Case:
Act | Complaint/Dispute Reference No. | Summary Complaint. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00023741-001 | The College closed without warning on the 3rd December 2018 due to a liquidation. The Complainant has not received any Statutory Redundancy pay. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00023745-001 | Duplicate of above complaint. Withdrawn |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00024394-001 | Duplicate of above complaint. Withdrawn |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00024394-002 | Complainant was dismissed without any Procedures or Warnings/Information. No Appeals offered. |
2: Summary of Respondent’s Case:
Did not attend the Hearing – No evidence offered. |
3: Findings and Conclusions:
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Act | Complaint/Dispute Reference No. | Summary Decision & Conclusions | |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00023741-001 | Complaint of Non-payment of Statutory redundancy is well founded. Statutory redundancy for the Period 05/11/2013 to the end employment date of 30th November 2018 is awarded. The Rate of Pay is (on the basis of Information supplied) €538.46 per week. Approximately 11 weeks Redundancy due = €5,923.06 Detailed calculation to be done based on the Department of Social Protection Calculator. | |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00023745-001 | Duplicate of above complaint. Withdrawn | |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00024394-001 | Duplicate of above complaint. Withdrawn | |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00024394-002 | Unfair Dismissal claim is well founded. Unfair dismissal is found to have occurred. However, under Section 19 of the Unfair Dismissals Act, 1977 joint compensation with the Redundancy Payments Act,1967 is effectively prohibited. Accordingly, No redress is awarded under the Unfair Dismissals Act. | |
Decision:
Section 41 of the Workplace Relations Act 2015; Section 39 of the Redundancy Payments Acts 1967 – 2012 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015 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 /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-00023741-001 | Claim well founded. Statutory Redundancy for the Period 05/11/2013 to the end employment date of 30th November 2018 is awarded. Detailed calculation to be done based on the Department of Social Protection Calculator
|
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00023745-001 | Duplicate claim /withdrawn |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00024394-001 | Duplicate claim /withdrawn |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00024394-002 | Claim of Unfair Dismissal is well founded. No Redress awarded as redress under the Redundancy Payments Act,1967 has already been awarded. |
Taxation of the awards, if any, to be considered in conjunction with the Revenue Commissioners.
Dated: 17th May 2019
Workplace Relations Commission Adjudication Officer: Michael McEntee