ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007803
Parties:
| Complainant | Respondent |
Anonymised Parties | A Warehouse Operative | A Distributor |
Representatives | SIPTU | Ken Stafford Management Services Ltd |
Complaint:
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-00009262-001 | 24/01/2017 |
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-00009262-003 | 24/01/2017 |
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-00009262-005 | 24/01/2017 |
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-00009262-006 | 24/01/2017 |
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-00009262-007 | 24/01/2017 |
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-00009262-008 | 24/01/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00009262-012 | 24/01/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00009262-013 | 24/01/2017 |
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 [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. For the reason set out above complaint CA-000009262-001, 003, 005, 006, 007, 008, 012, and 013 are not upheld and are dismissed. |
Summary of Complainant’s Case:
The complainant withdrew the complaint at the hearing. |
Summary of Respondent’s Case:
The complainant terminated her employment on March 3rd 2016 and at no stage was she ever employed by the named respondent in this case. |
Findings and Conclusions:
The complainant withdrew the complaint at the hearing and the issues arising are dealt with in ADJ 2985 which was 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.
For the reason set out above complaint CA-000009262-001, 003, 005, 006, 007, 008, 012, and 013 are not upheld and are dismissed. |
Dated: 11th January 2019
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Wrong Respondent. |