ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003549
Complaint for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Sections 9 and 10 of the Protection of Employment Act, 1977
Date of Adjudication Hearing: 07/09/2016
At: Workplace Relations Commission, Dublin 4.
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
In accordance with Section 41(4) of the Workplace Relations Act, and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The Complainant was employed in the HR Department of a named Employer from 1st October 2010 until the employment was terminated without notice on 12th June 2016.
The Complainant asserted that he had been transferred to the Respondent Company under the European Communities (Protection of Employees on Transfer of Undertaking) Regulations, 2003, if only for a few hours.
The Complainant referred a complaint to the Workplace Relations Commission on 12th June 2016 alleging the Respondent had breached Section 9 the 1977 Act.
There are two preliminary legal issues to be determined, firstly was there a TUPE under the 2003 Regulations so as to establish the Respondent as the Employer for the purposes of the alleged breach of the Act of 1977 and if there was a Transfer of Undertaking the second issue is, is the complaint statute barred by reference to Section 41 (6) of the Workplace Relations Act, 2015.
Transfer of Undertaking. There was no evidence presented by the Complainant to support his contention there was a Transfer of Undertaking on 12th June 2015. Therefore I find that the Named Respondent is not the Employer for the purposes of this complaint.
Time Limits, Section 41 (6). As I have found that the Complainant has not been employed by the Named Respondent I do not have to consider if the complaint is statute barred.
I do not have jurisdiction to hear this complaint as the Named Respondent is not the Employer for the purposes of the complaint under the Protection of Employment Act, 1977
Date: 9th December 2016