ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001770
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 |
CA-00001166-005 |
29/11/2015 |
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) |
CA-00001166-007 |
29/11/2015 |
Date of Adjudication Hearing: 08/04/2016
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with section 7 of the Terms of Employment (Information) Act, 1994 and Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003), 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:
The complainant states that he was never issued with a statement / contract of employment for his employment. |
He further states that he was not made aware of a transfer of his employment from one employer company to another related company on the 1st July 2015 |
Respondent’s Submission and Presentation:
The respondent submitted documentation in support of the contention that the complainant did receive written terms of conditions of employment. The respondent agrees that no consultation was carried out in regard to the transfer which was done for administrative purposes. It is argued that as there was no material loss, no compensation should be awarded. Labour Court Determination TED161 was quoted in support.
Decision:
CA-00001166-005
Based on the evidence, I do not uphold the complainant’s complaint.
CA-00001166-007
It is common case that the complainant was not advised of the transfer of undertakings. I uphold his complaint.
Dated: 6 July 2016