| CORRECTING ORDER ISSUED PURSUANT TO SECTION 39 OF THE ORGANISATION OF WORKING TIME ACT,1997 AND/OR SECTION 41(16) OF THE WORKPLACE RELATIONS ACT, 2015 The order corrects the original decision issued on 13th March 2017 and should be read in conjunction with that decision Adjudication Decision Reference: ADJ-00004627 Complaints for Resolution:
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Act
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Complaint/Dispute Reference No.
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Date of Receipt
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Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977
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CA-00006110-001
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22/07/2016
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
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CA-00006110-002
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22/07/2016
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
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CA-00006110-003
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22/07/2016
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Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994
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CA-00006110-004
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22/07/2016
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Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994
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CA-00006110-005
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22/07/2016
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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)
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CA-00006110-006
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22/07/2016
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Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998
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CA-00006110-007
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22/07/2016
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
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CA-00006110-008
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22/07/2016
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Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991
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CA-00006110-009
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22/07/2016
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
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CA-00006110-011
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22/07/2016
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
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CA-00006110-012
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22/07/2016
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
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CA-00006110-013
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22/07/2016
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
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CA-00006110-014
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22/07/2016
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Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967
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CA-00006110-016
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22/07/2016
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Date of Adjudication Hearing: 22/11/2016 Workplace Relations Commission Adjudication Officer: Gaye Cunningham Procedure: In accordance with Section 41(4) of the Workplace Relations Act, 2015, the Unfair Dismissals Act 1977, the Organisation of Working Time Act 1997, the Terms of Employment (Information) Act 1994, the European Communities (Protection of Employees on Transfer of Undertakings) Regulations, 2003, the Payment of Wages Act 1991, the Employment Equality Act 1998 and the Redundancy Payments Act 1967, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. Complainant’s Submission and Presentation:
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The complainant’s representative submitted 7 complaints under the Organisation of Working Time Act 1997, 2 complaints under the Terms of Employment (Information) Act 1994, 2 complaints under the Transfer of Undertakings Regulations, 1 Unfair Dismissal complaint, 1 Equality complaint on the grounds of gender and age and 1 redundancy claim.
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Respondent’s Submission and Presentation:
The respondent’s representative contends that the complaints are misconceived as the respondent never employed the complainant. He bought a premises in which he commenced trading after the complainant’s employment with the previous owner of the shop ceased.
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Decision:
The issue of whether the respondent was the correct employer of the complainant is addressed in ADJ-00004664. That decision found that the Regulations on Transfer of Undertakings did not apply to the parties. In that case, I find the respondent is not and was not the employer of the complainant and I find her complaints to be not well founded.
Dated: 13th March 2017
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
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