ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007089
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales Assistant | Retail Store Operator |
Representatives | Self | No Attendance |
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-00009134-001 | 17/01/2017 |
Date of Adjudication Hearing: 19/09/2017
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant is a Sales Assistant in a store that is being sold by its present owners to a new owner. The complainant believes that there is a dispute in relation to the transfer of her contract. |
Summary of Complainant’s Case:
The complainant believes that her terms and conditions of employment are not being honoured by the new employer who has stated that he is not buying the business as a Transfer of Undertaking and that no redundancy is being offered. |
Summary of Respondent’s Case:
The respondent, in a written submission, advised that the sale of the business had not yet occurred. The respondent accepted that as with any purchase of a business he has to abide by employment law. |
Findings and Conclusions:
This case was heard in conjunction with complaint ADJ – 00007077. The present owners of the business attended and gave evidence that, as of the date of hearing, the contracts for the sale of the business had not been completed. The complainant accepts that this was the case but stated that the complaint had been lodged because of genuine concerns that she had in this regard. As no Transfer of Undertaking had occurred the complaint has to be dismissed. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Complaint No. CA-00009134-001: This is a complaint under the European Communities (Protection of Employment on Transfer of Undertakings) Regulations, 2003. As it is accepted that no transfer has taken place I find this complaint not to be well founded and it is accordingly dismissed. |
Dated:
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Key Words: 17 November 2017