ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028479
Parties:
| Complainant | Respondent |
Anonymised Parties | Purchasing Manager | Scaffolding System Producer |
Representatives | Derek Beegan, Connect Trade Union | Loughlin Deegan, ByrneWallace |
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-00036587-001 | 09/06/2020 |
Date of Adjudication Hearing: 09/03/2021
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following 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:
This is a complaint made under the Redundancy Payments Act in relation to the non-payment for outstanding holidays when the complainant was made redundant. |
Jurisdictional Issue:
This complaint was made under the Redundancy Payments Act and is in relation to the non-payment for outstanding holidays when the complainant was made redundant. At the hearing the respondent’s representative submitted that I did not have jurisdiction to investigate this claim as the substance of the claim does not fall within the ambit of the Redundancy Payments Act. The Redundancy Payments Act states it is “an Act to provide for the making by employers of payments in respect of redundancy”. Section 7 (1) of the Act further states: “An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known as redundancy payment” and goes on to detail necessary qualifications. In direct evidence at the hearing the complainant confirmed he had received his entitlement to “redundancy payment” under the statute. It was further confirmed that the claim related to historic holiday pay. This had initially been included in a proposed payment to be made when the complaint was made redundant. It was subsequently withdrawn. I only give these details to confirm this payment has nothing to do with the “redundancy payment” to which the complainant was entitled and was paid. I, therefore, confirm that I have no jurisdiction to investigate this claim under the Redundancy Payments Act and I find the complaint is not well founded. |
Decision:
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.
For the reasons given above I have no jurisdiction to investigate this claim and find the complaint is not well founded. |
Dated: 29th March 2021
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Key Words:
No jurisdiction |