Case Number: ADJ-00000089. Workplace Relations Commission

• Docket Number: ADJ-00000089
• Date: 03 March 2016
• Court: Workplace Relations Commission
• Parties: An Employee v An Employer

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000089

Complaint(s)/Dispute(s) for Resolution:

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-00000108-001	06/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00000108-002	06/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00000108-003	06/10/2015

Date of Adjudication Hearing: 02/02/2016

Workplace Relations Commission Adjudication Officer: Emile Daly

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 His application was accepted by the Respondent and then withdrawn because he would not sign a waiver to a pension issue that be believed was nothing to do with Voluntary Severance Package.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

2. 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.

3. 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
4. The Voluntary Severance...