ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027596
Parties:
| Complainant | Respondent |
Anonymised Parties | Senior Estate and Safety Manager | A University |
Representatives | Did not attend. | Mr. Martin Fitzgerald, B.L. Niamh Carey, Vincent & Beatty LLP. |
Complaint:
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-00035337-001 | 18/03/2020 |
Date of Adjudication Hearing: 26/01/2021
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant submitted a complaint on 19 March 2020 that the respondent had breached Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) in relation to her. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent and their representatives attended the hearing. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 19 March 2020 alleging that the respondent had breached Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) in relation to her. A hearing for that purpose was held on 26 January 2021. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the said complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I do not find this complaint to be well founded. |
Dated: 7th May 2021
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
Key Words:
No show. |