Complainant

Respondent

Anonymised Parties

An Employee

A Limited Company

Representatives

Self

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-00021668-001

07/09/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00021670-001

07/09/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00021673-001

07/09/2018

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-00021674-001

07/09/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00021675-001

07/09/2018

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-00021676-001

07/09/2018

The complainant commenced his employment with the respondent on 14 January,2017 having been successful at an interview and technical examination. On 3 September,2017 the complainant noticed on is payslip that his employer had changed to XX Ltd. On 07 January 2018 it changed back to the respondent and again on 02 April,2018 it changed back to XX ltd. The respondent requested a contract of employment from the respondent on numerous occasions however none was forthcoming. In late February or early March,2018 he was handed a contract but it was very unprofessionally drafted and was missing several essential sections. The complainant told the respondent that he would review it and get back to them. He did recommend several additions to the contract. That was the last he heard from the respondent. He was given no notice of the transfer from the respondent to XX ltd. He was given no notice of the transfer from XX ltd back to the respondent. The first he knew about it was when he saw his payslips.

No Appearance. Having reviewed the case file I am satisfied that the respondent is on notice of the date, time and venue for this hearing.

CA 21668-001 (Transfer of Undertakings)

8. (1)       The transferor and transferee concerned in a transfer shall inform their respective employees' representatives affected by the transfer of -

(a)     the date or proposed date of the transfer;

(b)     the reasons for the transfer;

(c)       the legal implications of the transfer for the employees and a summary of any relevant economic and social implications of the transfer for them

and

(d)     any measures envisaged in relation to the employees.

(2)     The transferor shall give the information in paragraph (1) to the employees’ representatives, where reasonably practicable, not later than 30 days before the transfer is carried out and, in any event, in good time before the transfer is carried out.

(3)       The transferee shall give the information in paragraph (1) to the employees’ representatives, where reasonably practicable, not later than 30 days before the transfer is carried out and, in any event, in good time before the employees are directly affected by the transfer as regards their conditions of work and employment.

(4)       Where the transferor or the transferee envisages any measures in relation to employees, he or she shall consult the representatives of the employees, where reasonably practicable, not later than 30 days before the transfer is carried out and, in any event, in good time before the transfer is carried out, in relation to any such measures with a view to reaching an agreement.

(5)       Where there are no employees' representatives in the undertaking or business of the transferor or, as the case may be, in the undertaking or business of the transferee, the transferor or the transferee, as may be appropriate, shall put in place a procedure whereby the employees may choose from among their number a person or persons to represent them (including by means of an election) for the purposes of this Regulation.

(6)       Where, notwithstanding paragraph (5), there are still no representatives of the employees in an undertaking or business concerned (through no fault of the employees), each of the employees concerned must be informed in writing, where reasonably practicable, not later than 30 days before the transfer and, in any event, in good time before the transfer, of the following:

(a)     the date or proposed date of the transfer;

(b)       the reasons for the transfer;

(c)     the legal implications of the transfer for the employee and a summary of any relevant    economic and social implications for that employee;

and

(d)     any measures envisaged in relation to the employees.

(7)       The obligations specified in this Regulation shall apply irrespective of whether the decision resulting in the transfer is taken by the employer or an undertaking controlling the employer and the fact that the information concerned was not provided to the employer by the undertaking controlling the employer shall not release the employer from those obligations.

10 (1) A complaint that an employer has contravened any of these Regulations (other than Regulations 4(4)(a) and 13) in relation to an employee may be presented to a rights commissioner by:

(a)       the employee, or

(b)       a trade union, staff association or excepted body on behalf and with the consent of the employee.

(2)       A complaint under paragraph (1) shall be presented by giving notice of it in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister.

(3)       A copy of a notice under paragraph (2) shall be given to the other party or parties concerned, by the rights commissioner concerned.

(4)       Where a complaint is presented to a rights commissioner under paragraph (1), the rights commissioner shall ;

(a)       give the parties an opportunity to be heard and to present any evidence relevant to the complaint:

(b)       give a decision in writing in relation to the complaint; and

(c)       communicate the decision to the parties.

(5)       A decision of a rights commissioner under paragraph (4) shall do one or more of the following:

(a)     declare that the complaint is or, as the case may be, is not well founded;

(b)       require the employer to comply with these Regulations and, for that purpose, to take a specified course of action; or

(c)       require the employer to pay to the employee compensation of such amount (if any) as in the opinion of the rights commissioner, is just and equitable in the circumstances, but -

(i)     in the case of a contravention of Regulation 8, not exceeding 4 weeks remuneration and,

(ii)     in the case of a contravention of any other Regulation, not exceeding 2 years remuneration

in respect of the employee's employment calculated in accordance with Regulations made under section 17 of the Unfair Dismissals Act 1977

and a reference in this paragraph to an employer shall be construed, in a case where ownership of the relevant undertaking or business, or the part concerned of that undertaking or business, of the employer changes after the contravention to which the complaint relates occurred, as a reference to the person who, by virtue of the change, becomes entitled to such ownership.

(6)       A rights commissioner shall not entertain a complaint under this Regulation unless it is presented to the commissioner within the period of 6 months beginning on the date of the alleged contravention to which the complaint relates, or where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within that period, such further period, not exceeding 6 months from the expiration of the first-mentioned period, as the rights commissioner considers reasonable.

Based on the uncontested evidence of the complainant, I am satisfied that the complainant was not put on notice of the transfer itself, the proposed date or the legal implications of same. It is for that reason that I find that the complaint is well founded and accordingly I award the complainant four weeks remuneration as compensation amounting to € 1,600.00.

CA 21670 -001 (Terms of Employment (Information) Act, 1994)

S3.—(1) An employer shall, not later than 2 months after the commencement of an employee'semployment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee's employment.

Based on the uncontested evidence of the complainant, I am satisfied that the respondent failed in its obligation to provide the complainant with a written statement of his terms and conditions of employment within 2 months of his commencement date. Accordingly, I find that the complaint is well founded. I award the complainant four weeks remuneration amount to €1,600.00

CA 21668 -001

The complaint is well founded. I award the complainant €1,600.00

CA 21670-001

The complaint is well founded. I award the complainant €1,600.00