FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2011 PARTIES : ROCK ROAD STONE COMPANY LIMITED (REPRESENTED BY ROCK ROAD STONE COMPANY LIMITED) - AND - JONAS NARAUSKAS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. An appeal under Section 83 of the Employment Equality Acts, 1998 to 2011.
BACKGROUND:
2. The Worker appealed the Decision of the Equality Officer to the Labour Court on the 6th March 2013. Two Labour Court hearings took place on the 17thJuly 2013 and the 13thDecember 2013. The following is the Court's Determination:
DETERMINATION:
This is an appeal under section 83 of the Employment Equality Acts 1998 to 2100 by Jonas Narauskas, (“the Complainant”) against a decision of the Equality Officer no DEC-E2013-005 issued on 5thFebruary 2013 which found that the Rock Road Stone Company Limited (“the Respondent”) had transferred the Complainant along with its business to another company on the 29thJanuary 2010 some months prior to the date on which the complaint was submitted to the Equality Tribunal on 13 July 2010.
The Complainant appealed against that decision to this Court. The case came on for hearing on 17 July 2013. The matter was adjourned to allow the parties produce certain documents to the Court. The case finally came on for hearing on 13 December 2013.
At the hearing the Court was informed that a Rights Commissioner, in a series of related cases, had also made a finding of fact that the Respondent had transferred the Complainant along with its business to another company with effect from 29 January 2010 (Payment of Wages Act Decision no r-100340-pw-10/JT, Terms of Employment (Information) Act 1994 – 2001 r-100333-te-10/JT and Organisation of Working Time Act 1997 r-100336-wt-10/JT refer). The Complainant did not appeal against those decisions.
The same question of fact is before this Court for decision. The Court put it to the Solicitor for the Complainant that the doctrine of res judicata applied to the matter before it. He agreed that the findings of fact made by the Rights Commissioner had not been appealed. He agreed that in the circumstances it was not open to this Court to make a different finding of fact in this case.
Determination
The Respondent was not the Complainant’s employer at the relevant time. The complaint is not well founded. The decision of the Equality Officer is affirmed.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
6th January, 2014.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.