ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002886
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 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 initially began working as a cleaner with A cleaning service in January 2004. My place of work was in National Museum of Ireland, Collins Barracks. In 2011 A's transferred my contract to A cleaning services. In June 2014 I became unfit for work due to back problems and went on Illness benefit. In September 2015 the respondent wrote to inform me that they would no longer be servicing the museum. This letter states that this was "further to my communication with my supervisor ". I have never met this person. The respondent advised me over the phone to continue to send in my sick certs to my new employer B who had been given my name on the transfere list. I phoned them to ask for their address. I continued to send in sick certs to that address however they were returned to me citing they were received in error in a warehouse. I rang B again to get their correct address from HR dept and continued to send in my sick certs. In February 2016 my doctor rang me to say he had a call from B to query why they were receiving my sick certs. I then called B to query their action and they said I was not their employee, citing that this issue was with the respondent B don't accept I was on the transfere list and the respondent say that I was on the transfere list.
Respondent’s Submission and Presentation:
There was an unexplained absence of the Respondent.
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.
From the documentation presented in case Adj. 2860 and the unexplained absence of the Respondent, I accept the uncontested evidence presented by the other parties to the Hearing. I accept that the Claimant is still an employee of the Respondent as her name was not on the transfer list that went to the transferee.
Dated: 14th December 2016