FULL RECOMMENDATION
SECTION 11 (1), EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS) REGULATION, 2003 PARTIES : MITIE FACILITIES MANAGEMENT LTD. (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - BREDA SINNOTT (REPRESENTED BY PADGE RECK) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer Decision No. ADJ-00003341.
BACKGROUND:
2. The Employer appealed the Decision of an Adjudication Officer to the Labour Court on the 25 November 2016 in accordance with Section 11(1) of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations, 2003. A Labour Court hearing took place on the 13 April 2017. The following is the Determination of the Court.
DETERMINATION:
This is an appeal by Mitie Facilities Management Limited against an Adjudication Officer’s Decision under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (the Regulations). Ms Breda Sinnott (the Complainant) claimed that when her employer, Mitie Facilities Management Limited, proposed to change her hours of work on 6thMay 2016, it was in breach of Regulation 4 of the Regulations. The Adjudication Officer found in favour of the Complainant’s claim and ordered her employer to restore her hours of work and pay her €2,500 in compensation for the breach of the Regulations.
The claim under the Regulations was submitted to the Workplace Relations Commission on 26thMay 2016.
Court’s jurisdiction to hear the claim
The Complainant’s employment transferred from Carillion Irish Enco Limited to Mitie Facilities Management Limited under the Regulations on 1stFebruary 2014. The complaint under the Regulations was made over two years later and therefore the Court had to consider whether or not it had the jurisdiction to hear the complaint.
The Adjudication Officer did not address this point in his Decision. IBEC, on behalf of Mitie Facilities Management Limited, stated that this point was raised at the hearing before the Adjudication Officer. Mr Padge Reck on behalf of the Complainant could not recall this issue being raised.
Regulations 10 (6) of the Regulations states:-
(6) a rights commissioner shall not entertain a complaint under this Regulation unless it is presented to the commissioner within a period of 6 months beginning on the date of the alleged contravention to which the complaint relates, or where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within that period , such further period, not exceeding 6 months from the expiration of the first-mentioned period, as the rights commissioner considers reasonable.
Determination
The Court finds that the Complainant’s complaint is statute-barred and accordingly the Court has no jurisdiction to hear the appeal. In such circumstances, the Court overturns the Adjudication Officer’s Decision.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
LS______________________
26 April 2017Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.