ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00037260

	Complainant	Respondent
Anonymised Parties	A Housekeeper	An Accommodation Provider

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-00046917-004	29/10/2021
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-00046918-004	29/10/2021
Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997	CA-00047096-001	29/10/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00047096-003	29/10/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00047096-004	29/10/2021
Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997	CA-00047096-005	29/10/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00047096-007	29/10/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00047096-008	29/10/2021

Date of Adjudication Hearing: 01/07/2024

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015and Section 79 of the Employment Equality Acts, 1998 - 2015, following 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.

The Complainant attended the hearing and was accompanied by a friend. Two employees attended on behalf of the Respondent.

These complaints were heard in conjunction with those referred to the WRC under ADJ 39851 and the decisions should be read in conjunction with one another.

As these complaints were also heard in conjunction with CA-00046918-002, CA-00047092-002 and CA-00047092-006 and these concerned industrial relations disputes, which must be heard in private, I have anonymised the names of the parties to these complaints.

Background:

The Complainant stated that in September 2020 her employment was transferred to the Respondent from X Limited, where she had previously worked, without her consent. She further stated that, following this transfer, her employment rights were breached in several respects.

Summary of Complainant’s Case:

The Complainant stated that her employment was transferred to the Respondent from X Limited, where she had previously worked, without her consent. She only became aware of this when it was stated on her Revenue records that she was employed by the Respondent. The Complainant accepted in evidence however that she had never actually worked for the Respondent.

Summary of Respondent’s Case:

The Complainant was employed as an Accommodation Assistant (Housekeeper) from 28 December 2018 and 13 July 2022 by X Limited, which is a sister company of the Respondent. She worked an average of 33 hours per week and the last day she has was present in work was 21 March 2020. She had been scheduled to work after this date, but due to the outbreak of the Covid-19 Pandemic, she phoned the Respondent and advised that as her employer could not guarantee a COVID free environment, she would not be attending work anymore, as her life would be at risk.

On 23rd March 2020, the Complainant together with other employees, was served with a temporary lay-off letter by X Limited enabling her to access funds made available by the Irish Government to compensate for the temporary loss of wages.

At the beginning of September 2020, a job opportunity arose within the Respondent, and a number of employees were contacted and asked if they wished to start back working there in the same role they had been employed with X Limited. The Complainant verbally agreed to do so. Given that she had agreed to work in the Respondent organisation, the Revenue Commissioners were contacted so that she could be set up on their system.

When paperwork was prepared and given to her to sign however, she said that she needed more time to consult with her solicitor and subsequently changed her mind and refused to sign the agreement papers.

As a result of her refusal to work for the Respondent, Revenue were notified that she would not in fact be starting work there and the change was reversed and removed from Revenue history. The Respondent also highlighted that her employment in X Ltd. was never ceased and stated that she remained in the employment of X Ltd until 23 July 2022, when she voluntarily resigned.

Findings and Conclusions:

CA-00046917-004:

While I recognise that the Revenue documentation showed that the Complainant began employment with the Respondent in September 2020, it was accepted by both sides that she never actually started work for the company. I also noted that the documentation was subsequently corrected by Revenue to reflect the fact that she never worked for the Respondent.

As both sides accepted that the Complainant was never employed by the Respondent, I find that I do not have jurisdiction to hear this complaint.

CA-00046918-004:

While I recognise that the Revenue documentation showed that the Complainant began working with the Respondent in September 2020, it was accepted by both sides that she never actually worked for the company. I also noted that this was subsequently corrected by Revenue.