ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006211
Parties:
| Complainant | Respondent |
Anonymised Parties | An RSS Operator | A Support Services Company |
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-00008002-002 | 04/11/2016 |
Date of Adjudication Hearing: 10/10/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Regulation 10 EC (Protection of Employees on Transfer of Undertakings) Regulation 2003] 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 Claimant is seeking a right to transfer to the Respondent business |
Summary of Complainant’s Case:
The Claimant was employed by a service provider that subcontracted to another provider that did work for the bank. However, the bank objected to him being on their premises given his previous connection with them. They did expressly explain why. The Claimant argued that given the role of the bank with second service provider a potential transfer situation existed. |
Summary of Respondent’s Case:
The Claimant named two Respondents in his complaint form, the service provider and the bank. He describes the bank as a transferor. There has been no transfer of undertaking from the bank which is incorrect. There has been no transfer of undertaking from the service provider to the bank or vice versa. There exists no legal relationship between the parties |
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.
I have considered the submissions of the parties. I accept the Respondent’s position in the matter as there is no legal relationship between the bank and the service provider. I do not find the claim well found and it fails. |
Dated: 10 April 2018
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
Transfer of undertaking. |