INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2012
NOONAN SERVICES GROUP LIMITED
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRL) LTD)
- AND -
(REPRESENTED BY RICHARD GROGAN & ASSOCIATES, SOLICITORS)
Chairman: Ms Jenkinson
Employer Member: Ms Cryan
Worker Member: Mr McCarthy
1. An appeal of an Adjudication Officer's Recommendation No r-157602-te-15/RG.
2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on the 1st March 2016 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2012. A Labour Court hearing took place on the 22nd April 2016. The following is the Decision of the Court.
Mr John Lyons brought a complaint before an Adjudication Officer pursuant to the Terms of Employment (Information) Act 1994 (the Act) alleging a breach by his employer Noonan Services Group Limited of Section 5 of the Act.The Adjudication Officer decided that his complaint was not well founded. Mr Lyonsappealed this Decision.
For ease of reference the parties are referred to as they were at first instance. Hence Mr. Lyons is referred to as "the Complainant" and Noonan Services Group Limited is referred to as "the Respondent". The Complainant submitted a claim under the Act to the Workplace Relations Commission on 9thJuly 2015.
The Complainant has been employed with the Respondent since October 1995. He has been employed as a Security Supervisor in many of the Respondent’s sites.
Evidence was given to the Court under oath by the Complainant and by Ms Ann Halligan, Operations Manager, on behalf of the Respondent.
Summary of the Complainant's Case
Mr Richard Grogan, Solicitor, Richard Grogan & Associates, Solicitors, on behalf of the Complainant submitted that the Complainant did not receive notification of a change of employer when the Company was taken over in a transfer of undertakings in 2009.
The Complainant in his evidence said that at the time of the takeover, he heard about it through word of mouth. From his recollection of the events at the time, he said that it might have been his manager who told him.
Summary of the Respondent’s Position
Mr John Barry, Management Support Services (Ireland) Limited, on behalf of the Respondent submitted that the Complainant was provided with payslips indicating the name of his employer. He said that as the takeover had taken place in 2009 that there was no documentation available to indicate whether or not the Complainant received details in writing of the new employer in 2009.
Ms Halligan said that she was not directly involved in the takeover process.
Conclusions of the Court
The issue on appeal before the Court concerns the Complainant’s claim that the change of employer in 2009 and the failure to so notify him within one month of the change was a breach of Section 5 of the Act.
In his evidence to the Court the Complainant stated that other than the change of employer there were no other alterations to his terms and conditions of employment as a result of the takeover. All his terms and conditions, including pay and hours of work remained the same.
In the instant case the Court cannot see how the Respondent can be held liable for a breach of the Act when the event complained of occurred over six years ago, no documentation exists at this point and where the Complainant has suffered no detriment.
The Act does not limit the period when an employee can submit a claim (other than after the period of 6 months beginning on the date of termination of the employment concerned). However, the limitation period under Section 11 of the Statute of Limitations 1957 applies a six year limitation period.
Furthermore, it appears to the Court that the contravention complained of has no practical consequence for the Complainant. Having regard to thede minimisnature of the complaint, the Court cannot find that it is well founded.
The Court finds that the within complaint is not well-founded. The appeal is disallowed and the Decision of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
3rd May, 2016Deputy Chairman
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.