ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028735
Parties:
| Complainant | Respondent |
Parties | Matthew Dobbs | 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-00038429-001 | 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.
Background:
The Respondent, by way of preliminary application, states that he was not the Complainant’s employer at the material time. The Complainant states that he was employed by the Respondent up until his employment transferred to a different business.
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Summary of Complainant’s Response to Preliminary Application.
The Complainant has a complaint filed against Mr. Whelan, the Respondent herein. 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 and that he was employed by David Nolan at the time of the Redundancy. |
Summary of Respondent’s Preliminary Application.
The Respondent, Pat Whelan did employ the Complainant up to 4th February 2019. On that date there was a transfer of undertakings of the business to David Nolan. Thereafter, the Complainant was employed by David Nolan. His position with David Nolan was made redundancy on 30th April 2020. The Respondent is therefore a stranger to the within proceedings.
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Findings and Conclusions:
Having carefully considered the matter, the documentation submitted and the preliminary argument of the Respondent and response from the Complainant, 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: 1st April 2025
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words: