ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00055679

Parties:

Complaint(s):

Date of Adjudication Hearing:  30/06/2025

Workplace Relations Commission Adjudication Officer:  Breiffni O'Neill

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.

This complaint was held in conjunction with ADJ 55815.

The Complainant commenced employment as a Chef with the Respondent, the Transferor, on 18 October 2018. His employment was subsequently transferred to Aramark, the Transferee, on 3 March 2024 under a transfer of undertakings and filed the within complaint to the WRC on 28 November 2024, more than six months after the transfer of undertakings.

He stated firstly that he had not been provided with any information from the Respondent regarding the transfer because he was hospitalised at the time.

In respect of this aspect of his complaint, I note that the Workplace Relations Act, 2015 at section 41(6) and section 41(8) provides as follows in respect of time limits: 

“Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

“An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the period referred to in subsection (6) or (7) (but not later than six months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.” 

As no reasonable cause was given to explain why he failed to present the complaint within the six month period of the date of the alleged contravention, I find I do not have jurisdiction to hear the first aspect of this complaint.

In respect of the second aspect of his complaint, the Complainant stated that while he had consistently received an annual pay increase each June during his employment with the Respondent, he did not receive any such increase in June 2024 following the transfer. He also stated that he did not receive a Christmas bonus, which he had regularly received in previous years.

It is evident from the above that the substance of the second aspect of the Complainant’s claim lies against the Transferee rather than the Transferor. However, as he has identified the Transferor as the Respondent in these proceedings, I find that I do not have jurisdiction to hear this aspect of the complaint.

Considering all of the foregoing, I do not have jurisdiction to hear any aspect of the complaint.

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.

Dated: 12th January 2026. 

Workplace Relations Commission Adjudication Officer:  Breiffni O'Neill

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