G4S Secure Solutions (IRL) Ltd (Represented by Irish Business and Employers Confederation) v Krzysztof Stanek (Represented by Hoban Boino, Solicitors)

 
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Labour Court (Ireland)

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RPA/17/20

DETERMINATION NO.RPD182

ADJ-00006817 CA-00009248-001

PARTIES:
G4S Secure Solutions (IRL) Ltd (Represented by Irish Business and Employers Confederation)
and
Krzysztof Stanek (Represented by Hoban Boino, Solicitors)
SUBJECT:
1

1. Appeal of Adjudication Officer Decision No. ADJ-00006817.

BACKGROUND:
2

2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 44 (4) of the Workplace Relations Act, 2015. A Labour Court hearing took place on 15 February 2018. The following is the Determination of the Preliminary matter:

DETERMINATION:
DETERMINATION OF PRELIMINARY MATTER
3

This matter comes to the Court as an appeal of a decision of an Adjudication Officer made under the Redundancy Payments Acts, 1967 to 2014 (the Act) in a complaint made by Kryzstov Stanek (the Appellant) against his former employer G4S Secure Solutions (Ireland) Limited (the Respondent) that he was entitled to a redundancy lump sum payment from the Respondent. The Appellant claims that following a period of lay-off he was entitled to and did claim a redundancy payment in respect of lay-off in accordance with the Act at Section 12(1)(b).

4

The Appellant made his complaint to the Workplace Relations Commission on 23 rd January 2017.

Background
5

The Appellant was employed as a Security Officer with the Respondent from June 2006, having transferred to the Respondent under a transfer of undertakings in October 2011. He was a full-time employee with a contractual entitlement to work 78 hours per fortnight at a rate of €10.75 per hour. The Appellant contends that his employment terminated by way of redundancy on or about 21 st December 2017.

Preliminary issue
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The Appellant's claim concerns his alleged lay-off by the Respondent for a period in excess of four weeks in late 2016. He claims entitlement to redundancy by operation of the Act at Section 12

7

It is a condition precedent to an entitlement to claim redundancy in accordance with the Act at Section 12(1)(b) that there was in fact a period of lay-off within the meaning of the Act in place. The parties are in dispute as to whether a period of lay-off was in existence.

8

The Court...

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