ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00008769
Parties:
| Complainant | Respondent |
Anonymised Parties | Fitness Instructor | Fitness Service Provider |
Representatives | Annemarie Donohoe Co Cavan Citizens Information Service | The respondent did not attend and was not represented at the hearing |
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-00011241-001 | 10/05/2017 |
Date of Adjudication Hearing: 20/12/2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or 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).
Summary of Complainant’s Case:
The claimant was employed as a fitness instructor with the respondent from the 15th.Oct.2007 to the 21st.May 2016.A transfer of undertaking had taken place on the 31st.July 2010.The claimant was initially employed on a part time basis and became full time in January 2011.At the time the claimant was assured that there would be no changes to her terms and conditions of employment and the only difference arising would be the name of the person paying her wages. When the claimant received a copy of her RP50 , the document indicated a commencement date of employment of the 1.01.2013 which it was submitted was incorrect. The claimant submitted that she had continuous service since 2007.The claimant discovered through enquiries with Revenue that employment records for the period August 2010 to January 2013 were not recorded.The claimant advised that the DSP amended her employment records to capture this period of employment.The claimant submitted that the respondent was in breach of the Act for failing to pay her her statutory entitlement to redundancy with effect from the commencement of her employment on the 15th.October 2007. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
[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.
On the basis of the uncontested evidence of the claimant , I am satisfied that the complaint is well founded and I require the respondent to pay the claimant her statutory redundancy with effect from the 15th.October 2007. |
Dated: 05/04/2018
Workplace Relations Commission Adjudication Officer: Emer O'Shea