ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053912
Parties:
| Complainant | Respondent |
Parties | Xiaofeng Gao | Ming Gao |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Pretty Ndawo, Migrant Rights Centre Ireland | Donna Reilly, Barrister, James M Donohoe, solicitors |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00065908-012 | 09/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065908-001 | 09/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00065908-002 | 09/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065908-003 | 09/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065908-004 | 09/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065908-005 | 09/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065908-006 | 09/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065908-007 | 09/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00065908-008 | 09/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065908-009 | 09/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00065908-010 | 09/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065908-011 | 09/09/2024 |
Date of Adjudication Hearing: 29/04/2025
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant, Mr Xiaofeng Gao, was initially employed by the respondent, Mr Ming Gao. Mr Ming Gao established a limited company in October 2023. This company was then the legal employer of the complainant. Mr Ming Gao was unable to attend the hearing and was legally represented concerning any complaints made against him as the former employer. Evidence was given by Mr Xiaofeng Gao (the complainant) and Ms Xiuquin Wu wife of Mr Ming Gao. Evidence was given under oath/affirmation and subject to cross examination. An interpreter was in attendance and the translation was given under oath/affirmation. All correspondence received was considered by me in arriving at my decision. |
Summary of Respondent’s Case:
Preliminary Issue. The representative stated that any claim against Mr Ming Gao was outside of the time limitations contained in the various statutes and that any claim should be against Eskimo Gao Ming Ltd.
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Findings and Conclusions:
Mr Ming Gao set up a limited company in October 2023 and the complainant’s employment transferred to that company. Section 4 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations, 2003 states; 4. (1) The transferor's rights and obligations arising from a contract of employment existing on the date of a transfer shall, by reason of such transfer, be transferred to the transferee. Therefore all of the claims made by the complainant fall to be answered by the limited company to whom the complainant’s employment transferred in October 2023 and not the named respondent, Mr Ming Gao. The claims in question have been dealt with in a separate decision, Adj 000 53911. Accordingly, none of the claims against Mr Ming Gao can succeed. |
Decision:
Section 41 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.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-00065908-001, CA-00065908-003, CA-00065908-004 CA-00065908-005 CA-00065908-006 CA-00065908-007CA-00065908-009CA-00065908-0011. (Claims under the Organisation of Working Time Act 1997). These complaints are not well-founded. CA-00065908-008,CA-00065908-002 (claims under the Payment of Wages Act 1991). These complaints are not well-founded CA-00065908-010 (claim under the Employment Equality Act 1998). The claim is not well-founded CA-00065908-012 (claim under the National Minimum Wage Act 2000) The claim is not well-founded. |
Dated: 10th October 2025
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
Incorrect respondent |