EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Newbrook Nursing Home TU39-TU48/2013
against the recommendation of the Rights Commissioner in the cases of:
Eileen Duffy
&
Marites Roche
&
Vera Morrisoe
&
Urszula Justynska
&
Senzeni Mzezewa
&
Breege Grealis
&
Deirdre Currivan
&
Caroline Nash
&
Mary McEveney
&
Mary Ryder
-v-
Newbrook Nursing Home
under
PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS REGULATIONS 2003
I certify that the Tribunal
(Division of Tribunal)
Chairman: Dr. A. Courell B.L.
Members: Mr. D. Morrison
Mr. T. Gill
heard this appeal at Castlebar on 23rd February 2015
Representation:
Appellant: Ms Colleen Cleary solicitor,
Colleen Cleary, Solicitors, 127 Lower Baggot Street, Dublin 2
Respondents: Ms Martina Weir, SIPTU, Moneen road Castlebar Co. Mayo
Background:
These cases are before the Tribunal by way of an employer appealing a Decision of a Rights Commissioner, relating to ten employees, under the Protection of Employees on Transfer of Undertakings Regulations 2003. The employer is referred to as the Appellant or employer and the employees the Respondents or employees.
The employer is a nursing home and the employees care assistants. The employer took over the nursing home and a Transfer of Undertaking took place. Prior to the Appellant taking over the employees were paid on a forth nightly basis. Then at some point in time after the transfer the Appellant changed the pay dates of the employees to a monthly basis. The employees appealed this to a Rights Commissioner.
Determination:
The Tribunal having heard the evidence adduced determines that there was a breach of the Regulations in the above cases. However the breach was a very minor breach and in these cases and the Tribunal finds that the Rights Commissioner award does not reflect this and the Tribunal determines that the award should be a lesser amount than that awarded.
Accordingly, the Tribunal in varying the Decisions awards each of the employees the sum of €400.00, under the Protection of Employees on Transfer of Undertakings Regulations 2003.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)