ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023679
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Bookmaker company |
Representatives | In person | No appearance |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029220-001 | 19/06/2019 |
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-00029220-002 | 19/06/2019 |
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-00029220-003 | 19/06/2019 |
Date of Adjudication Hearing: 21/10/2019
Workplace Relations Commission Adjudication Officer: Emile Daly
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 Respondent is a bookmaker company which, since the institution of these proceedings has been struck off the Companies Register. The Complaint is being pursued in order that a decision may be made reflecting the fact that her former employer breached her rights when they transferred their business to another company in 2019 after she had worked with them for 14 years. |
Summary of Complainant’s Case:
CA-00029220-001 This complaint is withdrawn. The Complainant accepts that she received a contract from her former employer in July 2011 CA-00029220 – 002 The Respondent did not ensure that the Complainant’s terms and conditions of employment were transferred to her new employer CA-00029220 – 003 That the Respondent did not consult with the Complainant in relation to the proposed transfer in breach of her rights to such consultation under European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) |
Summary of Respondent’s Case:
No appearance |
Findings and Conclusions:
One week prior to the Adjudication hearing the Respondent’s solicitors wrote to the WRC (on 14 October 2019) indicating that they would not attend because the Respondent no longer is on the Company Register and therefore did not exist, and therefore no decision could issue as against a non- existing legal person. However in the event of a breach of rights under European Communities Protection of Employees on Transfer of Undertakings Regulations 2003 has been alleged, if the Respondent existed at the time the WRC complaint was brought, which in this case it did, such a Complainant is entitled to a decision in relation to this complaint, regardless of whether in the meantime the Respondent has been struck from the Companies Register and whether or not the decision is enforceable as against the Company or not. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
As this complaint is undefended by the Respondent and as I am satisfied that the Respondent failed to abide by the obligations upon in to notify the Complainant that her employment was being transferred to another company and failing to ensure that her rights were so transferred, I find that complaints (enumerated CA-00029220 – 002 and CA-00029220 – 003) are well founded and I award as follows: CA-00029220 – 002 Award: €600.00 CA-00029220 – 003 Award:€600.00
|
Dated: 20th November 2019
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
|