ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039311
Parties:
| Complainant | Respondent |
Parties | Tanya Ray | Star |
Representatives | Mr Darach Mac Namara BL, instructed by Mr. Mark Dillon, Dillon Geraghty & Co Solicitors.
| Mr William Wall, Peninsula |
Complaint(s):
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-00049903-002 | 26/04/2022 |
Date of Adjudication Hearing: 03/11/2023
Workplace Relations Commission Adjudication Officer: Jim Dolan
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 is a Youth Worker and is employed by the Respondent, employment commenced on 01/01/2022. A complaint was received by the Workplace Relations Commission on 26th April 2022, CA – 00049903. |
Summary of Complainant’s Case:
The TUPE Complaints against BRYR and Star
1.1 The complainant commenced employment with Star in January 2022 and signed a written contract of employment. 1.2 The complaint against Star under the 2003 Regulations will be pursued only if the complainant’s redundancy complaint is dismissed. If the redundancy complaint succeeds, however, it is acknowledged that the TUPE complaint falls away.
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Summary of Respondent’s Case:
The Respondent was informed that there was no transfer of employees under TUPE. |
Findings and Conclusions:
The complaint is not well founded. |
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.
The complaint is not well founded. |
Dated: 13th December 2023
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
TUPE |