TUD232

1. Appeal Of Adjudication Officer Decision No(S) ADJ-00036751 CA-00047868-003

BACKGROUND:

2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 20 April 2022. A Labour Court hearing took place on 6 September 2023. The following is the Determination of the Court:

DETERMINATION:

This matter comes before the Court as an appeal by Seamus Hayes (the Appellant) of a decision of an Adjudication Officer given under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations, 2003 (the Regulations) in his complaint against his former employer, EIR (the Respondent).

Preliminary issue

The Respondent submitted that the Appellant’s complaint was manifestly out of time having regard to the Act.

There is no dispute that the within complaint was made to the Workplace Relations Commission on 23^rd December 2021.

The hearing of the Court

The Court invited the Appellant to provide detail of the specific complaint before the Court.

The Appellant clarified that he was not making a specific complaint related to any event on any date that constituted a breach of the Regulations.

The Respondent submitted that in those circumstances the appeal should be dismissed.

Decision

The Appellant has clarified that no complaint of the occurrence of a breach of the Regulations was before the Court. In those circumstances the appeal must fail.

The decision of AO is affirmed.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
CO'R`	______________________
27 September 2023	Chairman