TE131/2014, TU51/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                     CASE NO.

Jaroslaw Kostka

(appellant)                                                                                                              TE131/2014                                                                                                                                   TU51/2014                

Against the recommendation of the Rights Commissioner in the case of:

Industrial Temps (Ireland) Limited

(respondent)                                                        

under

TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012

PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS REGULATIONS 2003

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Mr. P. O'Leary B L

Members:       Mr F. Cunneen

                        Ms. P. Ni Sheaghdha

heard this appeal at Dublin on 9th October 2015

Representation:

_______________

Appellant(s) :             Mr. Blazej Nowak, Polish Consultancy Enterprise, 107 Amiens Street,

                                    Dublin 1

Respondent(s) :          No appearance by or on behalf of respondent        

The decision of the Tribunal was as follows:

This case was heard in conjunction with TE116/2014 and TU49/2014.

The Tribunal noted that there was no appearance by or on behalf of the respondent.

There was a Transfer of Undertaking of employees from the respondent company to company A in January, 2013. The appellant was on sick leave from 4^th December 2012 and was not on the list of employees transferred nor was he made aware that a transfer was taking place.

The appellant was not issued with a contract of employment as per the Terms of Employment (Information) Act, 1994 to 2012.

In relation to the Transfer of Undertaking it was submitted that the respondent had breached Section 8 of the Transfer of Undertakings Regulations in relation to the 30 day notification period.

Determination

Based on the uncontested evidence, the Tribunal awards the appellant €1,384 being four weeks’ pay under the Protection of Employees on Transfer of Undertakings Regulations 2003. The Tribunal also awards the appellant €1,384 under the Terms of Employment Act 1994 to 2012, making a total award of €2,768.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)