Case Number: ADJ-00001507. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00001507
Date06 May 2015
PartiesGeneral Operative v Recruitment Agency
Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act, 1967 and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

The Respondent was requested to confirm the legal name of the Employer. This was confirmed as named. However at Hearings on 12th October 2016 one of the Complainants present presented a letter dated 6th May 2015 from a different named respondent. Following further discussion with the Respondent she confirmed the correct name of the Respondents is as stated above under Parties/Respondent.

Background

The Complainant was employed from 3rd October 2005 until the employment terminated on 31st August 2015. The Complainant was paid €380.00 gross per week and he worked 40 hours a week. The Complainant was provided with a written statement of Terms and Conditions of Employment.

The Complainant referred a complaint to the Workplace Relations Commission on 25th January 2016 alleging he had not been paid his Redundancy entitlements on termination of his employment.

Summary of Complainant’s Position.

The Complainant was employment as a General Operative by the Respondent Company and assigned to work with a Client Company (Named) at their Premises located in Airport Industrial Estate since 4th April 2011.

In August 2015 he was informed that he was no longer to be assigned to the Client Company as this Client had entered into a new Contract with another named Company who would be relocating the operations of the Client Company to a location in Naas, Co Kildare.

He was informed by email dated 7th August 2015 – copy provided – that if he was to transfer under TUPE to a named Transferee and relocate to Naas, Co Kildare that he would have to sign a new terms and conditions in line with their contracts of employment – that he would have continuous service.

The Complainant stated that he lived in Swords, Co Dublin and was not in a position to transfer and relocate to Naas, Co Kildare.

The Complainant was issued with a letter dated 14th September 2015 which confirmed as follows: I wish to confirm (named) has finished assignment with our client, as of the end of August 2015 and we do not have any other work available right now.

The Complainant is seeking his Redundancy entitlements under the Act.

Summary of Respondent’s Position.

The...

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