ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005556

	Complainant	Respondent
Anonymised Parties	A Worker	A Leisure Centre

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-00007602-001	13/10/2016

Date of Adjudication Hearing: 02/05/2017

Workplace Relations Commission Adjudication Officer: Emile Daly

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).

Background:

This complaint under Transfer of Undertakings) Regulations 2003 is one of four taken against four different Respondents

Summary of Complainant’s Case:

That his terms and conditions did not transfer to his new employer once the transfer occurred in March 2016

Summary of Respondent’s Case:

That this case is misconceived in that the employer, whether transferor or transferee, are companies with limited liability. The Respondent cited in this complaint is a description of the employment location but it is not a legal entity and was not the employer of the Complainant.

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.

The Respondent cited in this complaint is not the employer of the Complainant. Rather it is the work location of the Complainant and or is the way the building where he worked, might be described.

The reliefs claimed lie against the employer of the Complainant and not the building at which he worked or a trading name as neither of these are the employer.

Consequently I have no jurisdiction to deal with this claim.

Dated: 09^th June 2017

Workplace Relations Commission Adjudication Officer: Emile Daly