ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00021354

Parties:

Complaint(s):

Date of Adjudication Hearing: 03/07/2019

Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969following 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:

Preliminary Issues

Summary of Respondent’s Case:

At the outset of the hearing the respondent submitted that the herein complaints were “out of time”; that the complainant was never an employee of the respondent; that the claim for unfair dismissal had been settled previously by another company; and that the complainant had withdrawn the complaint previously. The respondent also put forward that the complaint of unfair dismissal had been subject to a previous WRC Adjudication Hearing.

By way of background the respondent submitted that a transfer of undertaking had taken place on 1st October 2018 between itself and Company B, the transferor. The complainant did not transfer during this process yet had lodged two complaints against the respondent on 9th April 2019.

To support these claims the respondent submitted that the complainant’s employer during the period in question, the transferor, had taken liability for and made a settlement with the complaint regarding the termination of her employment with them.

Regarding the transfer the respondent submits there was much interaction between the two entities involved in the transfer in advance of 1 October 2018. During this process a number of the transferor company’s employees were removed from the list of employees transferring across, of which the complainant was one. The respondent submits that it fulfilled all its obligations under the European communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003).

In summary, the respondent submits that the complainant was never an employee of theirs and therefore both complaints must fail.

Summary of Complainant’s Case in relation to the Preliminary Issue:

At the hearing the complainant agreed that she had never been an employee of the respondent.

Findings and Conclusions:

Decision: CA-00027643-001           

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.

Decision: CA-00027640-001           

Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

Dated:   3rd September 2019

Workplace Relations Commission Adjudication Officer: Roger McGrath

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