ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030972
Parties:
| Complainant | Respondent |
Parties | Jakub Kaniewski | Fox Rock O`Coileain Wholesale Scarlet Heifer |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00040030-001 | 24/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00040031-001 | 24/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00040033-001 | 24/09/2020 |
Date of Adjudication Hearing: 23/03/2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. The complainant relied on the affirmation to accompany his testimony.
Summary of Complainant’s Case:
The complainant commenced employment with the respondent on 3 September 2015 and his employment with the respondent ended on 9 September 2019. He stated that the respondent went out of business. He is seeking a redundancy payment. He stated that he brought a previous claim to the WRC to try and get the matter resolved. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
Having considered the matter, I note that the within claim has already been dealt with at Adjudication. In this regard, I note the decision in ADJ-00028628. Accordingly, I have no jurisdiction as the matter is res judicata. |
Decision:
Section 39 of the Redundancy Payments Acts requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
The within claim has already been dealt with at Adjudication. In this regard, I note the decision in ADJ-00028628. Accordingly, I have no jurisdiction as the matter is res judicata. |
Dated: 12th May 2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Res judicata |