ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00038321
Parties:
| Complainant | Respondent |
Parties | Michael Dolan | Roadbridge Ltd (In Receivership) |
Representatives | Self Represented | Not present |
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-00049624-001 | 11/04/2022 |
Date of Adjudication Hearing: 18/11/2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 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).
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The Hearing too place completely in public and no evidence was provided to the Hearing (as outlined below) .
Background:
This is a complaint under the Redundancy Payments Act, 1967, to the effect that the complainant was made redundant and did not receive a statutory redundancy payment. |
Summary of Complainant’s Case:
The Complainant was employed in Ireland by the Respondent and transferred to the UK operation of the Respondent. When the operation ceased and he was made redundant he was informed that the Irish statutory redundancy would not apply. |
Summary of Respondent’s Case:
A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on April 11th 2022 alleging that his former employer contravened the provisions of the Redundancy Payments Acts 1967 in relation to him. The said complaint was referred to me for investigation. A Hearing for that purpose was held on November 18th 2022. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the said Respondent was informed in writing of the remote means, time and date at which the Hearing to investigate the complaint would be held and were not present at the Hearing. The Respondent is in receivership. Both the Respondent and the Receiver were notified of the complaint. The Receiver communicated with the WRC that they would not be attending the Hearing unless required to do so. |
Findings and Conclusions:
The day prior to the Hearing the Complainant advised the WRC by email that his claim was part of a collective claim and had been heard previously by the WRC and he offered to either cancel or postpone the Hearing as he did not expect it to be scheduled. This email was supplied to the Respondent and Receiver. The Hearing went ahead as scheduled and the Complainant advised that his complaint (along with others in a similar situation) was already subject to an adjudication hearing earlier in 2022 and he was party to and attended that hearing and was represented by SIPTU at that Hearing. No evidence on the substantive complaint was requested or provided by the Complainant to the instant Hearing. I advised the Complainant that I had no role therefore to issue a Decision in his complaint as it was pending a decision by another Adjudication Officer. The Complainant accepted this. |
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.
I decide that I have no role in issuing a decision on the substance of the Complaint as it was already subject to another Adjudication Hearing on the exact issue. |
Dated: 29th November 2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy |