ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001149

ADJ-00001152

ADJ-00001154

ADJ-00001156

Complaints for Resolution:

At:                          Workplace Relations Commission, Haddington Road, Dublin 4.

Date of Adjudication Hearing: 21/04/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 8(1B) of the Unfair Dismissals Act, 1977, and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints

Background.

The Complainant commenced employment as a Sales Assistant with Respondent (1) in 2008. She was promoted to Deputy Manager in May 2009 and to Store Manager again with the same Employer in February 2011.

The Complainant successfully applied for the position of Visual Merchandiser with a second named Respondent (2) in September 2011.

The Complainant successfully applied for the position of Visual Merchandiser with a third named Respondent (3) in February 2015. The Complainant terminated her employment on 4^th May 2015. The Complainant was provided with a written statement of her Terms and Conditions of Employment dated 18^th February 2015. This Contract of Employment states in part as follows: “Further to your recent interview, we are delighted to offer you a position with (named)as a full time Merchandiser in our (named) Store……offer letter and this statement of Terms and Conditions of Employment form the Company’s contract of employment with you.The terms of this agreement annul any previous agreement or understanding whether verbal or written given to you at any time”.

The Contract of Employment also provided for a one month probationary period.

The Complainant referred a complaint to the Workplace Relations Commission on 3^rd November 2015 alleging unfair dismissal by reason of constructive dismissal.

Preliminary Issue.

Section 2 (1) (a) of the Act provides as follows: “……this Act shall not apply in relation to any of the following persons: (a) an employee (other than a person referred to insection 4 of this Act) who isdismissed, who, at the date of his dismissal, had less than one year’s continuous service with the employer who dismissed him”

The Complainant and her legal representatives argued at the Hearing that all three named Respondents are separate limited companies, each of which is a fully owned subsidiary of (named) which is headquartered in Spain and that therefore the Complainant did have more than one year’s continuous service as determined by the Act.

I checked the Companies Registration Office and established that all three named Irish Companies are separate limited companies registered in Ireland. I also examined the website of Named Respondent in Spain and this clearly establishes that this is a holding company for a number of Companies, including the three named Irish Respondents but also including other named Companies. However what is clear is that all three named Companies are registered separately in Ireland.

I have examined in detail the Complainant’s Terms and Conditions of Employment issued to her by the last named Respondent (3) with whom she was employed and dated 18^th February 2015. There is no reference in this Contract to being employed by the named Spanish Company nor is there any reference to the Group. Neither is there any reference to any transfer by the Complainant between the different Employers. The evidence was that the Complainant applied for each of the positions within the three named Respondents. She was interviewed for the last position , was successful and was offered a written Contract of Employment which the Complainant accepted.

Decision.

On the basis of the evidence I declare I do not have jurisdiction to hear this complaint as the Complainant did not have one year’s continuous service with the Respondent (3) when she tendered her resignation.

Date:___12^th September 2016