ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017482
Parties:
| Complainant | Respondent |
Anonymised Parties | A Security Guard | A Security Company |
Representatives | Paul Hardy SIPTU | John Brennan Ibec West |
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-00022589-001 | 12/10/2018 |
Date of Adjudication Hearing: 26/06/2019
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant submitted a complaint, to the WRC on 12 October 2018, under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertaking) Regulations 2003.
The specific complaint related to an allegation that the Respondent did not consult with the Complainant in relation to a transfer of undertaking which was planned to come into effect on 5 June 2018. This complaint was allocated the within file reference: ADJ 17482 and the specific complaint reference: CA-00022589-001.
On 19 October 2018, the Complainant submitted a further complaint, which was allocated file reference ADJ 17785. One the two specific complaints submitted on this occasion was identical to the complaint submitted on 12 October, under ADJ 17482 (CA-00022589-001).
On 22 October 2018, the Complainant submitted a further complaint consisting of four specific complaints. This complaint was allocated the same file reference (ADJ 17785) as the complaint submitted on 19 October 20118. Once again, the specific complaint relating to lack of communication in relation to a transfer of undertaking which was planned to come into effect on 5 June 2018 was among the specific complaints submitted. On this occasion that specific complaint was allocated the reference CA-00022773-001.
As the Oral Hearing on 26 June 2019, the Complainant agreed to have all his specific complaints, including the within complaint, dealt with under the file reference ADJ 17785 and specific complaint references CA-00022773-001/002/003/004.
Consequently, the within complaint, ADJ 17482/ CA-00022589-001, was withdrawn. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
As the complaint was withdrawn, no decision issues. |
Dated: 16th December 2019
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Key Words:
Transfer of Undertaking |