Case Number: 00005705. Workplace Relations Commission

CourtWorkplace Relations Commission
Judgment Date01 September 2017
Docket Number00005705
PartiesA cleaning supervisor vs A Cleaning Company

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00005705

Parties:

Complainant

Respondent

Parties

Cleaning Supervisor

Cleaning Company

Representatives

Lauren Martin Martin & Gately Solicitors

Judy McNamara IBEC

Complaints:

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-00007423-001

05/10/2016

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00007423-002

05/10/2016

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00007423-003

05/10/2016

Date of Adjudication Hearing: 17/05/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Location: Lansdowne House, Dublin 4

Procedure:

In accordance with Section 41 of the Workplace Relations Act, and Section 39 of the Redundancy Payments Act, 1967 and 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 transferred under a Transfer of Undertakings Regulation to the Respondent Company on 24th November 2011 as a General Operative earning €9.75 an hour and working 39 hours a week. In 2013 the Complainant was promoted to a position of Supervisor with the Company and is now paid €10.75 an hour. The Complainant referred a complaint to the Workplace Relations Commission on 5th October 2016 alleging the Respondent had breached Section 3 of the Terms of Employment (Information) Act, 1994 – had breached the Transfer of Employment Regulations S.I. 131 of 2003 and had breached the Redundancy Payments Act , 1967.

A Hearing was scheduled for 12th January 2017 but was adjourned at the Complainant’s request as his Solicitor was not available. A further Hearing was scheduled on 30th March 2017 but was again adjourned at the Complainant’s request as the Interpreter did not attend. A further Hearing was then scheduled for 17th May 2017.

The following complaints were withdrawn at the Hearing on 17th May 2017 –

CA-00007423-001 Transfer of Undertaking Regulations and CA-00007423-002 Redundancy Payments Act, 1967

Summary of Complainant’s Case:

TERMS OF EMPLOYMENT...

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