ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00004311

The first hearing was adjourned to allow for documentation to be exchanged between the transferor and the transferee and to explore the possibility of a settlement.

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00006079-001	21/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00006079-002	21/07/2016
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-00006079-003	21/07/2016

Date of Adjudication Hearing: 13/03/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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).

Preliminary Matter of Jurisdiction

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00006079-001

21/07/2016

The claimant’s complaint was received by the Commission on the 21^st.July 2016.The date of the transfer of undertaking was the 1^st.April 2014.In the circumstances therefore , the complaint is out of time and I have no jurisdiction to investigate same.

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00006079-002

21/07/2016

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-00006079-003

21/07/2016

The claimant’s complaint was received by the Commission on the 21^st.July 2016.The date of the transfer of undertaking was the 1^st.April 2014.In the circumstances therefore, the complaint is out of time and I have no jurisdiction to investigate same.

Dated: 05 July 2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea