Case Number: ADJ-00019827. Workplace Relations Commission

• Docket Number: ADJ-00019827
• Date: 11 December 2019
• Court: Workplace Relations Commission
• Parties: Community Employment Supervisor V A Government Department

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 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.

Background:

The Complainant has taken this case under Section 39 of the Redundancy Payments Act, 1967. At the hearing he also referred to the Industrial Relation Act 1969.

Summary of Complainant’s Case:

The Complainant said that he was a Community Employment Supervisor for twenty-five years and was made compulsorily redundant on 19 October 2018 on the closure of a Community Project that he had been working on in that time. He claims that he received his statutory redundancy payment of €30,516. However, he claims that the Respondent has not to date honoured an enhanced redundancy agreement that was entered into by the Department and his Trade Union on 7 June 2002 and was subsequently amended on 3 February 2005. He claims that the agreement reached meant that he, as a Community Employment Supervisor, was to be paid redundancy on the basis of an additional payment of 3.35 weeks per year of service on top of the Statutory redundancy. The Complainant referenced a number of previous Recommendations from Rights Commissioners and Adjudication Officers that recommended that the enhanced redundancy agreement be paid in favour of the claimants. The Complainant has asked that the same decision be made here in this case.

Summary of Respondent’s Case:

The Respondent wrote to the Workplace Relations Commission in advance to the scheduled hearing and said that as it is not the correct Respondent in this case, it shall not be attending the hearing.

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