ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002047

Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00002740-001	21/02/2016

Date of Adjudication Hearing: 05/07/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Regulations following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

I transferred to the respondent back in 2010 (November) after a very stressful and upsetting transfer. Finally when I transfered I received a contract which recognized the TUPE conditions as my working conditions. Then in 2013 I received a letter from the respondent stating they were changing my terms and conditions. At this time I was on maternity leave so when I returned to work they started to enforce these changes. Other colleagues contacted the union at the time and the union said we had no option but to go with it. On returning from Maternity leave in November 2015 the respondent changed working hrs to 39 hrs a week instead of 37 which I worked before.

Respondent’s Submission and Presentation:

The respondent submits that the complaint which relates to changes which were agreed with the complainants trade union (she is no longer a member), effected in September 2013, and implemented in her case on her return to work in February 2014 following maternity leave is hopelessly out of time. The TUPE to which this complaint refers took place in 2010.

Decision:

The complaint is clearly out of time insofar as it is common case that the TUPE took place in 2010.

In these circumstances I lack jurisdiction to hear the complaint and must find therefore that it is not well founded.

Dated: 21^st July 2016