ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013560
Parties:
| Complainant | Respondent |
Anonymised Parties | A Security Officer | A Security Company |
Representatives | Wendy Doyle, Tully Rinckey Solicitors |
|
Complaints:
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-00018306-001 | 09/03/2018 |
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-00018306-002 | 09/03/2018 |
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-00018306-003 | 09/03/2018 |
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-00018306-004 | 09/03/2018 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, these complaints, under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (TUPE) were assigned to me by the Director General. I conducted a hearing on May 28th 2018 and gave the parties an opportunity to be heard and to present evidence relevant to the complaints.
The complainant and his brother worked for the same employer, the respondent in this case. They also brought complaints against the company that took over the contract on the site where they worked. For convenience, I will refer to the respondent as “Company A” and to the company that took over the contract as “Company B.” Representatives of the two companies attended the hearing on May 28th 2018, and for convenience, the complaints of both complainants against both respondents were considered at one hearing. Separate decisions have been issued in respect of each complaint.
The complainants were represented by Ms Wendy Doyle of Tully Rinkey Solicitors. The Managing Director and the Payroll Manager of the respondent, Company A, attended the hearing and gave evidence. The Chief Executive and the Operations Director of Company B also attended and gave evidence in response to the complaints against their company.
Findings and Conclusions:
In ADJ-00013558, I adjudicated upon a complaint under TUPE by this complainant against the company that took over a security contract from the respondent. I decided that the Regulations do not apply to the transfer of that contract. It follows therefore, that as the Regulations are not applicable to the transfer of the contract, there is no substance to a complaint under TUPE against this respondent. |
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.
As I have concluded that there is no substance to a complaint under TUPE against this respondent, I decide that this complaint is not upheld. |
Dated: 13th March 2019
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Transfer of undertakings |