ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014164
Parties:
| Complainant | Respondent |
Anonymised Parties | A Warehouse Operative | A Distributor (3) |
Representatives | SIPTU | Management Consultancy Services |
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-00018122-002 | 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-00018122-004 | 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-00018122-008 | 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-00018122-010 | 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-00018122-012 | 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 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 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 and the issues are dealt with in ADJ 2985 which is against the correct respondent. |
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.
For the reason set out above complaint CA-000018122-002, 004, 008, 010, and 012 are not upheld and are dismissed. |
Dated: 18th January 2019
Workplace Relations Commission Adjudication Officer: Pat Brady