ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007189
Parties:
| Complainant | Respondent |
Anonymised Parties | Pest Technician | Pest Control |
Representatives |
| Niamh Ní Cheallaigh IBEC |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00009735-001 | 16/02/2017 |
Date of Adjudication Hearing: 21/06/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and 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 was employed by the Transferor named Respondent from 1st July 2002 until the Complainant transferred to the Transferee on 18th January 2017. The Complainant was paid €2724.00 gross per month and works 39 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 16th February 2017 alleging the Respondent (Transferor) had not paid him his Minimum Notice entitlements when he transferred to the Transferee. |
Summary of Complainant’s Case:
The Complainant is claiming payment of his Minimum notice entitlements following a Transfer of Undertaking on 18th January 2017. |
Summary of Respondent’s Case:
The Respondent did not attend the Hearing. |
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.
In accordance with Section 41(5) of the Act I declare this complaint is not well founded. The Complainant was not dismissed by the Respondent (Transferor), rather his employment transferred to the Transfer under the European Communities ( Protection of Employees on Transfer of Undertakings) Regulations. S.I. 131 of 2003 |
Dated: 28th September 2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Minimum Notice – Transfer of Undertaking |