ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00033353
Parties:
| Complainant | Respondent |
Anonymised Parties | A Senior Specialist | A Software Provider |
Representatives |
| Lewis Silkin Ireland |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00044221-002 | 05/05/2021 |
Date of Adjudication Hearing: 26/08/2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The dispute before the WRC concerns a redundancy claim by the Worker following her dismissal on the grounds of redundancy by her employer further to the acquisition of the company where she previously worked. |
Summary of Complainant’s Case:
The Worker commenced employment as a Senior Accounts specialist on 14 May 2010. She stated that she gave loyal and dedicated service over the course of her employment and that this commitment should be recognised. She is seeking a redundancy package of 8 weeks per year of service on top of her statutory entitlements which have already been paid to her. This is in line with other companies in the sector. She also highlighted that the Employer is very profitable and can afford to pay the enhanced redundancy terms. The financial accounts for the year end 30 September 2021 showed a turnover of $4.3 billion as well as net profits of $688 million. |
Summary of Respondent’s Case:
The Employer stated that it complied with its statutory obligations and has paid the Worker a redundancy payment equivalent to her statutory entitlements under the Act. The Employer offered a goodwill payment to the Worker in excess of her statutory entitlements and this was rejected by her. |
Findings and Conclusions:
I have carefully considered the submissions of both parties to this dispute and find that the Employer should make an ex-gratia payment to the Worker in line with other companies in the sector. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Taking all of the circumstances into account, I recommend that the Company pays the Worker concerned six weeks' pay per year of service in addition to her statutory entitlement. |
Dated: 30th August 2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
|