ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028740
Parties:
| Complainant | Respondent |
Parties | Matthew Dobbs-hayden | Pat Whelan |
Representatives | Padge Reck | Adrian Twomey Jacob and Twomey Solicitors |
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-00038430-001 | 29/06/2020 |
Date of Adjudication Hearing: 17/06/2022
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Summary of Complainant’s Case:
The Complainant has a complaint filed against Mr. Whelan. He states that his employment was terminated on the 30th April 2020 by reason on redundancy. He accepts that his employment with the Respondent ceased on the 4th February 2019 when he commenced working for David Nolan. |
Summary of Respondent’s Case:
The Respondent, Pat Whelan did employ the Complainant up to on the 4th February 2019. On that date there was a transfer of undertaking to David Nolan. Thereafter, the Complainant was employed by David Nolan. His position with David Nolan was made redundancy on the 30th April 2020. The Respondent is therefore a stranger to the within proceedings.
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Findings and Conclusions:
Having carefully considered the above matter I am satisfied that the Complainant was not employed by the Respondent herein on the 30th April 2020 when his position was made redundant. On that basis I find that the complaint is not well founded and accordingly fails. |
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.
The Complaint fails. |
Dated: 01 April 2025
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
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