ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00004147

Parties:

	Complainant	Respondent
Anonymised Parties	A Warehouse Operative	A Distributor (2)

Representatives

Ger Malone SIPTU

Ken Stafford

Complaints:

Act	Complaint 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-00006131-001	21/04/2016
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-00006131-003	21/04/2016
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-00006131-004	21/04/2016
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-00006131-005	21/04/2016
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-00006131-006	21/04/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00006131-008	21/04/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00006131-009	21/04/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00006131-010	21/04/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00006131-011	21/04/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00006131-012	21/04/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00006131-013	21/04/2016

Date of Adjudication Hearing: 26/10/2018

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, 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 background to the case lies in a transfer of undertakings in October 2015.

The complainant terminated her employment on March 3rd 2016 and at no stage was she ever employed by the named respondent in this case.

Summary of Complainant’s Case:

The complainant withdrew the complaint at the hearing.

Summary of Respondent’s Case:

Findings and Conclusions:

The complainant withdrew the complaint at the hearing and the issues are dealt with in ADJ 2985 which is against the correct respondent.

Accordingly, the complaint is dismissed.

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.

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

For the reason set out above complaint CA-000006131-001, 003, 004, 005, 006, 008, 009, 010, 011, 012 and 013 are not upheld and are dismissed.

Dated: 11th January 2019

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words: