MND182

This matter came before the Court by way of an appeal brought by Euro Car Parks (Ireland) Limited (‘the Appellant’) against a decision of an Adjudication Officer (ADJ-00006016/CA-00008262-003, dated 20 September 2017) made under the Minimum Notice and Terms of Employment Act 1973 (‘the Act’). The Adjudication Officer found that - as no transfer within the meaning of European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 had occurred when the Appellant’s contract to run the Paul Quay Car Park in Wexford in which Mr Dermot Kelly (‘the Complainant’) had been employed ceased on 14 November 2016 - the complaint under the Act was well-founded.

The appeal was listed for hearing in Wexford on 26 April 2018. The Complainant, although notified by the Court through his Solicitors of the date and venue of the appeal hearing, did not attend and was not represented at the hearing of the within appeal. His Solicitors informed the Court by letter dated 25 April 2018 of his intention not to contest the appeal.

Discussion and Decision

The within appeal was considered in tandem with the Appellant’s appeal of a related decision of the Adjudication Officer under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003. In TU/17/29, the Court set aside the decision of the Adjudication Officer under the Regulations and determined that a transfer within the meaning of the Regulations had taken place by operation of law on 14 November 2016. It follows that the within appeal must also succeed and the decision of the Adjudication Officer appealed against is set aside.

The Court so determines.

Signed on behalf of the Labour Court



Alan Haugh
CR______________________
18 May, 2018.Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.