ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001775
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-00001166-006 |
04/02/2016 |
Date of Adjudication Hearing: 08/04/2016
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003), 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:
The complainant’s complaint is that his employment was transferred from one company to another without his knowledge or any consultation. |
Respondent’s Submission and Presentation:
The respondent agrees that there was no consultation on the transfer which was carried out for administrative purposes. It is argued that as no material loss was involved there should be no award of compensation. Labour Court Determination TED 161 was quoted in support.
Decision:
Based on the fact that it is common case that the complainant was not consulted about the transfer of undertakings, I uphold his complaint.
Dated: 6 July 2016