ADJUDICATION OFFICER DECISION

 

Adjudication Reference: ADJ-00008145

Parties:

 

	Complainant	Respondent
Anonymised Parties	An employee	An employer

 

 

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-00010833-001	11/04/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00010833-002	11/04/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00010833-003	11/04/2017

 

Date of Adjudication Hearing: 15/11/2017

Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, 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).

 

Preliminary Matter:

At the outset of the hearing the Respondent put forward that these complaints were fully ventilated and adjudicated upon by an Adjudication Officer of the Workplace Relations Commission following a hearing which took place on 22nd November 2016. The matters were dealt with under Adjudication File Ref. ADJ-00004627. A decision in respect of the above mentioned matters was issued by the Workplace Relations Commission on 13th March 2017 which decision found that the Transfer of Undertakings Regulations did not apply in circumstances where the Respondent purchased a commercial premises only.

In such circumstances the Respondent submitted that the claims are without substance and foundation and should be dismissed.

 

Findings on the Preliminary Matter:

Having considered the preliminary matter I have decided that these complaints were already the subject of an Adjudication Officer's decision and therefore the principle of res judicata applies.

CA-00010833-001 Complaint under the Redundancy Payments Acts, 1967

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.

Decision

I find that this matter is Res Judicata and therefore I do not have jurisdiction to deal with it.

 

CA-00010833-002 Complaint under the Unfair Dismissals Act, 1977

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Decision

I find that this matter is Res Judicata and therefore I do not have jurisdiction to deal with it.

 

CA-00010833-003 Complaint under the Payment of wages Act, 1991

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.

Decision

I find that this matter is Res Judicata and therefore I do not have jurisdiction to deal with it.

 

 

Dated:   31.1.18

Workplace Relations Commission Adjudication Officer: Roger McGrath

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