ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00020199
A Security Officer
A Security Company
Representatives
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-00026707-001
01/03/2019
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-00026707-002
01/03/2019
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-00026707-003
01/03/2019
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-00026707-004
01/03/2019
Date of Adjudication Hearing: 16/04/2019
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant is employed as a security supervisor since 15th June 2013. He was transferred under TUPE to the Respondent company on the 8th January 2018 and he is claiming that his employer changed his contract of employment following the transfer.
Summary of Complainant’s Case:
There was a hearing arranged for the 16th April 2019 to hear the evidence in this case and the complainant failed to attend.
Summary of Respondent’s Case:
The respondent attended the hearing and was ready to present his case.
Findings and Conclusions:
The said complaints were referred to me for investigation. A hearing for that purpose was held on the 16th April 2019. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held.
In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well-founded and I decide accordingly.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complaints are not well founded.
Dated: 29.4.2019
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
TUPE Regulations, no attendance by Complainant.