Case Number: ADJ-00001507. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00001507
Date06 May 2015
PartiesGeneral Operative v Recruitment Agency
ADJUDICATION OFFICER DECISION Adjudication Decision Reference: ADJ-00001507 Complaint for Resolution:


Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967



Date of Adjudication Hearing: 13/10/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin


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.


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 Respondent acts as a Recruitment Business, it supplies work seekers to client hirers for temporary assignments. She was engaged on a Mobile Worker Agreement with no permanent place of work. Details of the Contract of Employment were presented to the Hearing.

The Complainant was assigned to work with a named Client at Air Business Park Dublin 9 and remained there until the Respondent’s relationship with the named Client was dissolved on 31st August 2015. Operations at the location have ceased.

The Complainant was informed by letter dated 6th May 2015 that her assignment would cease on 31st August 2015. She was informed that the Respondent would look for other suitable assignments.

In August 2015 the Complainant, along with some 50 other employees who had been on assignment to the named Client Company were invited to register with another named employment agency that would now operate at a different location in Naas, Co Kildare.

The Complainant signed a collective complaint to the Respondent dated 27th October 2015 stating their employment with the Respondent had ended and the Complainant’s were seeking redundancy pay.

The Respondent wrote to the Complainant on 2nd November 2015 stating her complaint would be investigated. The Respondent issued a further letter on 6th November 2015 informing the Complainant she was still employed by the Respondent and that the ending of her assignment did not constitute the ending of the employment relationship.

The Complainant has not been made redundant and therefore is not entitled to payment of Redundancy.

The Respondent confirmed at the Hearing that the Complainant had not been offered any further work with the Respondent since August 2015.

The Respondent calculated that the Complainant would be entitled to Redundancy Payment of €3731.60 if he was successful in his complaint. However I note that this is calculated on the basis that he commenced employment in April 2011 and does not take account of the fact that he transferred under TUPE to the Respondent in April 2011 but commenced employment in October 2005


The Respondent issued a letter to all its employees, including the Complainant, dated 6th May 2015 which confirmed that the Complainant’s assignment with a named client would terminate on 31st August 2015. The letter goes on to state as follows: Our plan once your assignment has finished will be to bring you all in for a refresher manual handling course and reregistration….After this has occurred we will then begin the process of looking for other jobs for you all”

The Respondent confirmed at the Hearing that the Complainant had not been invited in for a refresher course nor has she been offered any alternative employment since August 2015.

Section 7 of the Redundancy Payments Act, 1967 provides as follows:

  1. An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period,...

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