ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005823

	Complainant	Respondent
Anonymised Parties	A worker	A County Council

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-00008095-001	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:

The claim is for a remedy under the Transfer of Undertakings) Regulations 2003. This is one claim of four taken against different alleged employers.

Summary of Complainant’s Case:

That a breach occurred whereby the contractual terms and conditions enjoyed by the Complainant prior to the transfer occurring on 6 March 2016, were not carried over to his new employment

Summary of Respondent’s Case:

That the Respondent cited in this case was not ever the employer of the Complainant. The swimming pool may have been managed by this Respondent twenty years before, but when the Complainant commenced his employment in 2007 he was employed by a company which managed the swimming pool. He has no right of action against this Respondent.

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.

There is no evidence to support the Complainant’s claim that he was ever employed by this Respondent. This Respondent may have managed the swimming pool where the Complainant worked but this was many years prior to his employment commencing with another Respondent company. Consequently, as I find that the Complainant was not employed by this Respondent, this complaint is not well founded and does not succeed.

Dated: 09^th June 2017

Workplace Relations Commission Adjudication Officer: Emile Daly

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