ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014162
Parties:
| Complainant | Respondent |
Anonymised Parties | A Warehouse Operative | A Distributor (5) |
Representatives | SIPTU | Management Consultancy Services |
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-00018122-001 | 23/03/2018 |
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-00018122-003 | 23/03/2018 |
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-00018122-005 | 23/03/2018 |
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-00018122-006 | 23/03/2018 |
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-00018122-007 | 23/03/2018 |
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-00018122-009 | 23/03/2018 |
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-00018122-011 | 23/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00018122-013 | 23/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00018122-014 | 23/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00018122-015 | 23/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00018122-016 | 23/03/2018 |
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:
The respondent was in attendance and stated that it had no legal responsibility for the complaints as the complainant was never an employee. |
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-000018122-001, 003, 005, 006, 007, 009, 011, 013, 014, 015 and 016 are not upheld and are dismissed. |
Dated: 18th January 2019
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Wrong Respondent. |