EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Noonan Services Group Limited TU16-TU17/2014
against the recommendation of the Rights Commissioner in the case of:
PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS REGULATIONS 2003
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K. T. O'Mahony B.L.
Members: Mr J. Hennessy
Mr F. Dorgan
heard this appeal at Killarney on 27th February 2015
Appellant : Mr John Barry, Management Support Services (Ireland) Limited,
The Courtyard, Hill Street, Dublin 1
Respondents : No representation listed
This case came before the Tribunal by way of an appeal by an employer against recommendations made by a Rights’ Commissioner references r-128537/9 –tu-12/GC
It was common case that 4 January 2011 was the date a transfer of undertaking took effect. Two weeks later the respondents noticed a reduction in their hourly rate of remuneration. While this was brought to the attention of the appellant, a formal complaint was not received until 11 May 2012 by the Labour Relations Commission concerning that issue under the Terms of Employment (Information) Act. In December that year (2012) a complaint in respect of the same subject matter was submitted under the Protection of Employees on Transfer of Undertakings Regulations 2003.
The Tribunal finds it has no option but to upset in their entirety the recommendations of the Rights Commissioner under the Protection of Employees on Transfer of Undertakings Regulations 2003 as the claims regarding the complaints were initiated outside the prescribed time limit and were also outside the extended time limit where exceptional circumstances had prevented the presentation of the complaints within the original six-month time limit (reg.10 (6)).
Sealed with the Seal of the
Employment Appeals Tribunal