ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035484
Parties:
| Complainant | Respondent |
Parties | Mr Alan Dunne | M. Donnie Norton |
Representatives | James Daly BL instructed by Matthew Burns Solicitors | Self-Represented |
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-00046562-001 | 06/10/2021 |
Date of Adjudication Hearing: 25/10/2022 & 28/03/23
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 the required Affirmation / Oath was administered to all witnesses. The legal perils of committing Perjury were explained to all parties. Full cross examination of Witnesses was allowed.
Background:
The Complainant worked as a Ban Tender from May 5th2005 to October 8th 2020 when his employment ceased. The Complainant claimed he was entitled to a redundancy payment. The Respondent denied ever employing the Complainant or that he became an employee due to a transfer of undertaking. |
Summary of Complaints submission:
The Complainant worked as a Ban Tender with another employer from May 5th 2005 to October 8th 2020 when his employment ceased. The Complainant claimed his employment transferred to the named Respondent when he later took over the operation of the premises and he was entitled to a redundancy payment from the Respondent. |
Summary of Respondents submission:
The Respondent denied ever employing the Complainant or that he became an employee due to a transfer of undertaking and submitted evidence from the Revenue Commissioners to that effect. |
Findings and Conclusions:
Based on the evidence presented to the Hearing from the Revenue the Complainant was never employed by the Respondent and his claim for redundancy against the Respondent 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.
I disallow the Complainants appeal. |
Dated: 06/04/2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy |