ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010644
Complaints:
|
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-00013963-001 |
15/09/2017 |
|
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00013963-003 |
15/09/2017 |
Date of Adjudication Hearing: 21/03/2018
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 27 of the Organisation of Working Time Act 1997, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
|
The complainant seeks redundancy and payment for two weeks annual leave. A preliminary issue was raised by the respondent in that the complainant was employed by a previous owner of the business who was declared bankrupt, not the current employer/respondent. It is submitted therefore that this claim is lodged against the wrong employer. |
Summary of Complainant’s Case:
|
In response to the preliminary issue raised, the complainant agreed that he received his statutory redundancy but still has not been paid for his holiday pay. The previous employer owed him two weeks pay and the current employer cited in this claim owes him 3 days pay for annual leave taken and not paid in his wages. |
Summary of Respondent’s Case:
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As outlined above in the preliminary issue, it is contended that this claim is not relevant to the respondent employer cited in the complaint form. A solicitor’s letter outlining the situation was submitted in evidence. |
Findings and Conclusions:
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CA-00013963-001 Redundancy Payments Act 1967 The complainant was employed by a sole trader from 2014 until 26th May 2017. The sole trader was declared bankrupt. The complainant was then employed by the company who set up the business again. I note the evidence that the complainant has received his statutory redundancy payment from the previous owner. I find his complaint against the respondent to be misconceived and I declare it to be not well founded. CA-00013963-002 Organisation of Working Time Act 1997 The complainant’s complaint form stated that he was owed two weeks pay for annual leave. This claim is in relation to his previous employer, not the respondent cited here. I find that his complaint is misconceived against the wrong respondent and I declare his complaint to be not well founded. |
Decision:
These complaints are misconceived and I declare that they are not well founded.
Dated: 28/05/2018
Workplace Relations Commission Adjudication Officer: Gaye Cunningham