ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00008684

Parties:

Complainant        Anonymised Parties       Respondent

A seamstress  An alterations company  

Representatives

In person Did not attend

Complaint(s):

ActComplaint/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-00011532-001 23/05/2017  

Date of Adjudication Hearing: 23/10/2017 Workplace Relations Commission Adjudication Officer: Andrew Heavey

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 was employed by the Respondent from 13th July 2015 until 31st December 2016 when the Respondent sold its business to a new owner and the complainant’s employment transferred in line with the transfer of undertakings regulations. The complainant remained in the employment of the new owner for a number of weeks and subsequently left the employment. The complainant’s gross weekly wage was €386.08

Summary of Complainant’s Case:

The Complainant contends that she was informed by the Respondent that her entitlements were now the responsibility of the new owners and that she should seek the outstanding payments due to her from them. The complainant stated that the new owner denied any knowledge of the situation and said that he would not pay anything that was owed to her. The complainant stated that she has not been able to clarify the situation as she has been unable to make contact with the Respondent since the business transferred to the new owner. The complainant contends that she is owed 11 days’ holidays for the 2016 -2017 annual leave year and was also not paid for her last week of employment with the Respondent.  

Summary of Respondent’s Case:

The Respondent did not attend the adjudication hearing and was not represented.  

Findings and Conclusions:

The subject matter of this complaint is identical to Adjudication Officer Decision No: ADJ-00008681. The complainant was not in the employment of the Respondent at the time the complaint was made to the Workplace Relations Commission. The Respondent transferred its operations to the new owners on 31st December 2016. On that basis the complainant’s entitlements became the responsibility of the new owners with effect from the date of the transfer. I find that as the new owners of the business were responsible for the complainant’s entitlements after the transfer took place on 31st December 2016, the complaint as submitted is incorrect.

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. On the basis of the verbal submissions of the complainant and the fact that the incorrect Respondent was named in the complaint, I find that the complaint is not well founded.  

Dated:   23rd January 2018 Workplace Relations Commission Adjudication Officer: Andrew Heavey

Key Words: Transfer of Undertakings, annual leave entitlements