ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037343
Parties:
| Complainant | Respondent |
Parties | Bernadette Birch | The Shower Doctors |
Representatives | Self-represented | Non-attendance |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00046285-001 | 16/09/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00046285-002 | 16/09/2021 |
Date of Adjudication Hearing: 21/09/2022
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015,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.
Background:
The complainant gave her evidence under oath. The complainant had previously taken a complaint against the respondent under the company name rather than the trading name and provided evidence of the conclusion of those complaints. The respondent did not attend the hearing of these matters. |
Summary of Complainant’s Case:
CA-00043285-001 The complainant submitted that she was unfairly dismissed from her employment and provided a copy of a notice of settlement in respect of her unfair dismissal. The complainant submitted that she did not receive an amount in settlement of her unfair dismissal case to adequately compensate her for twenty years’ service. CA-00043285-002 The complainant submitted that she was entitled to a redundancy payment after having worked for the respondent for 20 years. |
Summary of Respondent’s Case:
The respondent did not attend the hearing of this complaint. |
Findings and Conclusions:
CA-00043285-001 The complainant provided a copy of the breakdown of costs and awards in relation to her settlement of the same unfair dismissal complaint taken against her employer. The complainant gave evidence of engaging a solicitor and receiving legal advice and representation in relating to that complaint which resulted in a settlement. The complainant clarified that the current complaint is based upon the same circumstances as the previously settled complaint. Having regard to the written and oral evidence submitted in relation to this matter, I find that as this complaint has already been settled, and that the complainant was in receipt of legal advice at that time, I am precluded from hearing this matter further. CA-00043285-002 The complainant submitted that she was unfairly dismissed and had previously taken a complaint regarding her dismissal. That complaint was concluded by way of settlement. The complainant confirmed that she was not made redundant. Having regard to the written and oral submissions, I find that the complainant has not established that she was entitled to a redundancy payment under the provisions of the Act. |
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.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
CA-00043285-001 Having regard to written and oral evidence presented in relation to this complaint, as this complaint has already been settled my decision is that I am precluded from hearing these matters again. CA-00043285-002 Having regard to the written and oral evidence in relation to this matter, my decision is to disallow the complainant’s appeal. |
Dated: 22nd September 2022
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Unfair dismissal – previously settled – legal advice - redundancy - no entitlement to a redundancy payment established |