ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00031988
Parties:
| Complainant | Respondent |
Anonymised Parties | Employee | Employer |
Representatives | Setanta Landers Hatstone (Ireland) LLP | Barry Walsh Fieldfisher |
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-00042583-005 | 18/02/2021 |
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-00042583-007 | 18/02/2021 |
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-00042583-011 | 18/02/2021 |
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-00042583-013 | 18/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00042644-001 | 18/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00042644-002 | 18/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00042644-003 | 18/02/2021 |
Date of Adjudication Hearing: 23/05/2022
Workplace Relations Commission Adjudication Officer: Michael Ramsey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015and Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant has submitted various overlapping complaints under the Transfer of Undertaking Regulations, the Unfair Dismissals Acts, the Employment Equality Acts and the Redundancy Payments Acts. The matter in relation to the Employment Equality Acts has been withdrawn.
These Complaints have been submitted against the Respondent herein and the Transferee jointly and separately. For the avoidance of doubt and eliminating all the various duplications, the relevant matters to be dealt with are ADJ-00032149 (CA-00042584-001, CA-00042584-003, CA-00042584-004 and CA-00042584-005) and ADJ-32026 (CA-00042549-001, CA-00042549-003 and CA-00042549-004).
|
Summary of Complainant’s Case:
|
Summary of Respondent’s Case:
|
Findings and Conclusions:
|
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.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
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.
This Complaint is a duplication and is withdrawn |
Dated: 29th June 2023
Workplace Relations Commission Adjudication Officer: Michael Ramsey
Key Words:
|