RPD2411

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00041646 (CA-00049952-001).

BACKGROUND:

The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 23 January 2024  in accordance with the Redundancy Payments Acts 1967 to 2014.  A Labour Court hearing took place on 15 May 2024.   

The following is the Decision of the Court:

DECISION:

This is an appeal by Ballymun Regional Youth Resources (Respondent)) against Adjudication Officer’s Decision ADJ-00041646 in a complaint by Angela Birch (Complainant) under the Redundancy Payments Act 1967(the Act). The Adjudication Officer held that the claim by the Complainant for redundancy under the Act was well founded and awarded statutory redundancy. 

At the commencement of the hearing Mr MacNamara BL on behalf of the Complainant informed the Court that they accept that the decisions of the Court in Davis and Ballymun Regional Youth Resource RPD 248 and in Duncan and Ballymun Regional Youth Resource RPD 247in respect of fact and law gave rise to findings that are applicable in this case too, and therefore they accept the Complainant was not made redundant.   

On that basis following discussions between the parties which were mutually satisfactory the parties are requesting that the Court set aside the Decision of the Adjudication Officer. Mr Murray BL for the Respondent confirmed that was the position of the parties. 

 Decision 

The Court noting that the Complainant accepts that she was not made redundant, upholds the appeal.  The decision of the Adjudication officer is set aside. 

The Court so decides. 

	Signed on behalf of the Labour Court
	Louise O'Donnell
TH	______________________
28 May 2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.