FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 11 (1), EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS) REGULATION, 2003 PARTIES : A SECURITY COMPANY (REPRESENTED BY JAMES CLANCY & ASSOCIATES) - AND - THE COMPLAINANT (REPRESENTED BY KRZYSZTOF FIC) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms O'Donnell |
1. Appeal of Adjudication Officer Decision No. R-151923-TU-14
BACKGROUND:
2. The employee appealed the Decision of the Adjudication Officer to the Labour Court on the 9th March 2016. A Labour Court hearing took place on the 28th April 2016. The following is the Court's Determination:
DETERMINATION:
The Complainant brought a complaint before an Adjudication Officer pursuant to Regulation 10 (1) of theEuropean Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, S.I. No. 131/2003 (the Regulations)alleging a breach by his former employer a Security Company of Regulation 8 of the Regulations when the entity in which he was employed, was transferred to another Employer.
The Adjudication Officer’s Decision R-151923-TU-14 held that his complaint was well founded and awarded him the sum of €1,440 in compensation in respect of the breach of Regulation 8 of the Regulations. The Complainantappealed this Decision. The Respondent was dissolved on 4thNovember 2015.
The former Liquidator, Mr James Clancy, James Clancy & Associates by letter dated 23rdMarch 2016, advised the Court that the award of €1,440.00 awarded by the Adjudication Officer to the Complainant had been discharged, a cheque for that amount dated 6thMarch 2016 was accepted and lodged by him on 8thMarch 2016. At the hearing of the appeal the Complainant confirmed that he had received and cashed the cheque. In such circumstances the Court takes the view that the appeal has no standing.
For the reasons set out above the Court does not find in favour of the Complainant’s appeal.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
LS______________________
11 May 2016Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.