ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00004314

The first hearing was adjourned to allow for documents to be exchanged between the transferor and the transferee and for the exploration of settlement talks.

Complaint(s):

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-00006079-004	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, 2015following 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).

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Preliminary Matter of Jurisdiction

The claimant’s complaint was received by the WRC on the 21^st.July 2016.The transfer of undertaking took place on the 1^st.April 2014. Consequently, 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