Case Number: ADJ-00000089. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000089
Date03 March 2016
PartiesAn Employee v An Employer
Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 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).

Complainant’s Submission and Presentation:

A Voluntary Severance Package was announced by the Respondent in 2015 to which, the Complainant applied. His application was accepted by the Respondent and then withdrawn because he would not sign a waiver to a pension issue that be believed was nothing to do with Voluntary Severance Package. The Respondent asked the Complainant to sign a waiver to change his pension entitlement, which was not favourable to him. The Complainant did not wish to sign the waiver, but he did wish to take up the Voluntary Severance Offer. However this was then denied to him.

Respondent’s Submission and Presentation:

A preliminary application was made; that there is no jurisdiction for an Adjudicator to hear this claim on the following grounds:

  1. There is no redundancy, as the Complainant is still employed with the Respondent

  1. The relief being sought is for a declaration that the Complainant is redundant and that he is entitled to the benefit of the Voluntary Severance Offer made to the Claimant in 2015.

  1. There is no jurisdiction for an Adjudicator under section 39 of the Redundancy Payments Act 1967 to make an award other than a statutory award. There is no jurisdiction to make an award for contractual redundancy
  2. The Voluntary Severance Offer made in 2015 was conditional on a pension waiver being signed. The Complainant chose not to sign this waiver, as such, he rejected the Voluntary Severance Offer.
  3. The Voluntary Severance Scheme was voluntary on both sides. If conditions of the offer were not met, the Respondent was entitled to withdraw the offer, which they did. The choice to accept the terms of the offer were up to the Complainant to decide. He decided against it and, therefore, is still...

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