ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002860
Complaint(s)/Dispute(s) for Resolution:
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)
Date of Adjudication Hearing: 11/10/2016
Workplace Relations Commission Adjudication Officer: John Tierney
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
I have worked as a contract cleaner for over 12 years when I was employed by x Cleaners in January 2004. The company passed it contracts over to Y Cleaning Services in 2011. My contract and place of employment was a National Museum. In June 2014 I began Illness leave from work due to back problems and would regularly send in sick certs to social welfare and my employer. In Sept 2015 I received a letter from Y Cleaners notifying me that the contract had ceased and thanked me for my service. I rang my employer to clarify if this letter meant I was now unemployed or did I still have work. Y Cleaners told me that my job was still available that my employment details had been transferred to the new contract holders: they told me that I should forward all future medical certificates to them. In Feb 2016 my GP contacted me to say That Y cleaners had contacted him to inquire who I was and why was I sending in certs to their company. Following several calls back and forth to both companies no one would clarify as to whom I was employed with. I have spoken to my union representative and he suggested I take a complaint to workplace relations. Following a visit to my local CIS office we rang revenue to inquire if I was noted as to who the employer was . Revenue lists my employer as Y cleaning for 2016. I never received a P45 from Y nor have I ever received any correspondence from X following the transfer of undertakings and my employment status.
Respondent’s Submission and Presentation:
The Respondent raised the issue of time limits under s 10 (6) of the 2003 Regulation. The transfer took place 0n 12 October 2015. The Claimant failed to contact the Respondent in this case until February 2016. She then subsequently lodges a claim on 19 April 2016. The Claimant was advised by her union and Citizens Information to lodge a claim. This indicates that was receiving professional advice and not unaware of her rights.
In any event her name was not on the list given by the transferor to the transferee
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have considered the submissions made by the parties. The Respondent raised a jurisdictional argument on regard to time limits as set out by section 10 (6) of the 20003 Regulation. I have considered this and agree with the Respondent’s interpretation of the law. The Claimant was in receipt of professional advice before she submitted her claim and there was no exceptional cause for a delay.
The claim fails for being out of time.
Dated: 14th December 2016