ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | A Catering Worker | A Restaurant |
Representatives | Owner/ Manager |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00021447-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 & Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 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 issues in contention concern a Restaurant and the transfer of obligations between a new owner and the former owner. It has a bearing in relation to Redundancy payments for the Complainant. |
1: Summary of Complainant’s Case:
The Complainant worker for the Restaurant in question since the 1st June 2004. He was made Redundant on the 11th April 2018. The new Owner, the Transferee, did not, initially, accept any obligations regarding service of the Complainant prior to his taking over the business. While this may have changed somewhat in recent times a Formal Decision is now required to validate the Complainant’s service and entitlements.
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2: Summary of Respondent’s Case:
The Respondent attended the Oral Hearing accompanied by an experienced friend. It was accepted that a liability may now arise in relation to the transfer of undertakings. This had happened by inadvertence and lack of knowledge of the relevant law. Undertakings given to him by the former Owner now had to be examined closely. It was most unfortunate, and he was seeking to have the matter resolved in negotiations with the former owner -the Transferor.
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3: Findings and Conclusions:
Decision:
Section 41 of the Workplace Relations Act 2015 and the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under the relevant Act and Statutory Instrument.
Act | Complaint/Dispute Reference No. | Summary decision /Please refer to Section Three above for detailed reasoning. | |
CA-00021447-001 | The Complaint is well founded. An award of € 1,000 is made for Breaches of the Regulations and an additional €4,167.30 is awarded to the Complainant by way of a Redundancy Lump Sum. The taxation of these award to be considered in conjunction with the Revenue Commissioners. | ||
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Dated: 29th April 2019
Workplace Relations Commission Adjudication Officer:
Key Words:
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