ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055815
Parties:
| Complainant | Respondent |
Parties | Carmel Fogarty | Simpson's Hospital |
Representatives |
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Complaint(s):
Act | 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) | CA-00067519-001 | 19/11/2024 |
Date of Adjudication Hearing: 30/06/2025
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
This complaint was held in conjunction with ADJ 55679.
The Complainant commenced employment as a Chef with the Respondent, the Transferor, on 24 June 2019. Her employment was subsequently transferred to Aramark, the Transferee, on 3 March 2024 under a transfer of undertakings. While she had consistently received an annual pay increase each June during her employment with the Respondent, she stated that she did not receive any such increase in June 2024 following the transfer. She also stated that she did not receive a Christmas bonus, which she had regularly received in previous years.
It is evident from the above that the substance of the Complainant’s claim lies against the Transferee rather than the Transferor. However, as she has identified the Transferor as the Respondent in these proceedings, I find that I do not have jurisdiction to hear the complaint.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that I do not have jurisdiction to hear the complaint for the reasons set out above. |
Dated: 12-01-2026
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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