Complainant

Respondent

Anonymised Parties

A Cleaner

A Contract Cleaning Company

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-00020415-001

09/07/2018

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-00020421-001

09/07/2018

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-00020421-002

09/07/2018

The Complainant submitted complaints against the above respondent on 9^th of July 2018.   These complaints, under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (TUPE) were assigned to me by the Director General.  I conducted a hearing on the 26^th of November 2018 and gave the parties an opportunity to be heard and to present evidence relevant to the complaints.   The respondent did not attend the hearing and did not provide any reason for their non-attendance.  I am satisfied that both parties were notified of the hearing date. 

The complainant submits that

Her new employer did not ensure that her terms and conditions transferred from her previous employer,

She worked 18 hours per week from Monday to Saturday up to the date of transfer on the 03/06/2018, and since then her hours have been reduced,

She was told to work on Sundays which she had never done and was not asked her opinion,

a probation period of 13 weeks was introduced which is inappropriate for someone working there since 2011.

The respondent did not attend the hearing.

The complainant advised the hearing that a transfer in undertakings had taken place on 3^rd of June 2018 and that the respondent had failed to ensure that her terms and conditions transferred from her previous employer to the respondent. 

The complainant told the hearing that she had been employed by Company A until her employment transferred to the respondent in June 2018.  She stated that she had worked in location A from January to May 2018 prior to the transfer in undertakings.   The complainant stated that she began working under a Lithuanian supervisor Ms. L when she started work in location B in May 2018 and she stated that this supervisor was not nice and put her under a lot of pressure at work.

The complainant told the hearing that she had booked 2 weeks holidays before she went to work in location B and stated that she told her new supervisor Ms. L this when she moved to location B.  She stated that the new supervisor Ms. L had at first agreed that she could take the holidays but closer to the time Ms. L told her that she could not have those holidays as Ms. L herself was going on holidays at that time.    The complainant told the hearing that she had already bought her flight tickets at that stage and that she had to book new flights.   The complainant told the hearing that she was told by the respondent that she could take her 2 weeks holidays five days later than the dates she had originally booked but that this meant she had to book new flights for the new departure date.

The complainant told the hearing that she complained about her supervisor Ms. L to her manager Mr. J but that he took no action.  She stated that she had made a written complaint to him and he had ripped it up in front of her. 

The complainant told the hearing that this happened in May 2018.  The complainant submitted two complaint forms to the WRC and in both complaint forms she has stated that the transfer in undertakings had taken place on 3rd of June 2018.  The complainant has stated that her terms and conditions were not transferred over to the new employer, the respondent.   The examples of treatment cited by the complainant in support of her complaint relate to incidents which she alleges took place in May 2018 before the transfer date of 3^rd of June 2018.

The complainant in her complaint forms had stated that following the transfer she was told that her hours would be reduced but she advised the hearing that this had only been a threat and that her hours were not reduced prior to submitting her complaint in July 2017. 

The complainant told the hearing that she was rostered to work Sundays after the transfer and wasn’t asked her opinion about this.  The complainant then added that she had always worked Sundays and didn’t mind working Sundays.

The complainant went on to state that the respondent in May 2018 employed a new staff member and the complainant stated that she was told by her manager that some of her hours were going to be given to this new staff member.  The complainant stated that this did not happen in the end but only because she went to a solicitor.

The complainant submitted two complaint forms to the WRC and in both complaint forms she has stated that the transfer in undertakings had taken place on 3rd of June 2018.  The complainant has stated that her terms and conditions were not transferred over to the new employer, but the examples of treatment cited by the complainant relate to incidents which she alleges took place in May 2018 before the transfer date of 3^rd of June 2018.

I am satisfied from the evidence adduced that the complaint has failed to substantiate her claim that the Respondent failed to provide her terms and conditions of employment which pertained at the time of the transfer.    Accordingly, I declare that the complaint is not well founded.

 I declare that the complaint is not well founded.

This complaint appears to be a duplication of the complaint taken under CA-00020415-001 above.   The same complaint is made against the same respondent with the same dates and details apart from the fact that a different work location (location B) is named in CA-00020421-001.  The specific complaint details and complaint narrative are identical under both claims.

This is a duplication of the complaint taken under CA-00020415-001 above.

This is a duplication of the complaint taken under CA-00020415-001 above.

This is a duplication of the complaint taken under CA-00020415-001 above

I declare that the complaint is not well founded.

The complainant submits that

After 4 weeks working for her new employer she was told to work Sundays at basic rate,

Her hours have been reduced due to a new employee,

from 3 employees doing a job only an Irish woman can choose not to work Sundays.

The respondent was not in attendance at the hearing.

The complainant advised the hearing that a transfer in undertakings had taken place on 3^rd of June 2018 and that the respondent had failed to ensure that her terms and conditions transferred from her previous employer to the respondent. 

The complainant told the hearing that she had been employed by Company A until her employment transferred to the respondent in June 2018.  She stated that she had worked in location A from January to May 2018 prior to the transfer in undertakings.   The complainant stated that she began working under a Lithuanian supervisor Ms. L when she started work in location B in May 2018 and she stated that this supervisor was not nice and put her under a lot of pressure at work.

The complainant told the hearing that she had booked 2 weeks holidays before she went to work in location B and stated that she told her new supervisor Ms. L this when she moved to location B.  She stated that the new supervisor Ms. L had at first agreed that she could take the holidays but closer to the time Ms. L told her that she could not have those holidays as Ms. L herself was going on holidays at that time.    The complainant told the hearing that she had already bought her flight tickets at that stage and that she had to book new flights.   The complainant told the hearing that she was told by the respondent that she could take her 2 weeks holidays five days later than the dates she had originally booked but that this meant she had to book new flights for the new departure date.

The complainant told the hearing that she complained about her supervisor Ms. L to her manager Mr. J but that he took no action.  She stated that she had made a written complaint to him and he had ripped it up in front of her. 

The complainant told the hearing that this happened in May 2018.  The complainant submitted two complaint forms to the WRC and in both complaint forms she has stated that the transfer in undertakings had taken place on 3rd of June 2018.  The complainant has stated that her terms and conditions were not transferred over to the new employer, the respondent.   The examples of treatment cited by the complainant in support of her complaint relate to incidents which she alleges took place in May 2018 before the transfer date of 3^rd of June 2018.

The complainant in her complaint forms had stated that following the transfer she was told that her hours would be reduced but she advised the hearing that this had only been a threat and that her hours were not reduced prior to submitting her complaint in July 2017. 

The complainant told the hearing that she was rostered to work Sundays after the transfer and wasn’t asked her opinion about this.  The complainant then added that she had always worked Sundays and didn’t mind working Sundays.

The complainant went on to state that the respondent in May 2018 employed a new staff member and the complainant stated that she was told by her manager that some of her hours were going to be given to this new staff member.  The complainant stated that this did not happen in the end but only because she went to a solicitor.

The complainant submitted two complaint forms to the WRC and in both complaint forms she has stated that the transfer in undertakings had taken place on 3rd of June 2018.  The complainant has stated that her terms and conditions were not transferred over to the new employer, but the examples of treatment cited by the complainant relate to incidents which she alleges took place in May 2018 before the transfer date of 3^rd of June 2018.

I am satisfied from the evidence adduced that the complaint has failed to substantiate her claim that the Respondent failed to provide her terms and conditions of employment which pertained at the time of the transfer.    Accordingly, I declare that the complaint is not well founded.

I declare that the complaint is not well founded.