Case Number: ADJ-00000019. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000019
Date01 June 2016
PartiesA Worker v A Confectioners
Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015, section 7 of the Terms of Employment (Information) Act, 1994, Section 39 of the Redundancy Payments Act, 1967, Section 11 of the Minimum Notice & Terms of Employment Act, 1973 and section 77 of the Employment Equality Act, 1998 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).

Complainant’s Submission and Presentation:

18 months ago my current employer took over business from previous owner, who I was employed by for over 6 years and was working as full time employee ( apart from 6 months in 2013 after my maternity leave I was working temporary part time). 2 weeks ago my current employer announced that the hours I work will be cut. Instead of my usual 40 hours I will be down to 12-15 hours per week starting from next week. Just wanted to see what rights I have in this kind of situation and asked for a copy of my contract. Almost two weeks later after asking numerous amount of times I am not being provided with it. Today I told my employer that I am going to make a complaint about not receiving a copy of my contract on a request. He said ; ''Go ahead''.

18 months ago my current employer took over business from previous owner, who I was employed to for over 6 years working as full time employee (apart from 6 months in 2013 after my maternity leave I worked temporary on part time). 2 weeks ago my current employer announced that my hours will be cut, from my usual 40 hours I will be down to 12-15 hours per week starting from next week. I wanted to see what rights I have in situation like this so asked for a copy of my contract. And almost two weeks later after asking numerous amount of times I am still not being provided with it. Today I told my employer that I will make a complaint about not receiving my contract copy on a request. He said: ''Go ahead''.

I already made one complain on 01/10/2015, and I would like this one to be linked with it. Case Ref: ADJ-00000019, Complaint Ref: CA-00000022-001. I would like to make a new claim against my employer regarding my redundancy payment. On 15/11/2015 I was told thru a phone call from The Respondent that business is closing down and he asked me to come in to work to sign redundancy form and said that I will be getting a payment from Social Protection Fund as he can't afford to pay it himself. He did not mention that there is any work for me any more. It's a continuous business from previous owner, and my employment started on 10/12/2007. The Respondent took over business on 01/04/2014. When I came in on Wednesday 18 November to speak to my employer and sign redundancy form, straight away I noticed that the date of redundancy notice is incorrect; he put down 05/10/2015 instead of 15/11/2015. When I pointed it out to him he said that why can't I just take that...

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