Case Number: ADJ-00009089. Workplace Relations Commission

• Court: Workplace Relations Commission
• Judgment Date: 01 June 2018
• Docket Number: ADJ-00009089
• Parties: An assistant supervisor v A cleaning contractor

ADJUDICATION OFFICER DECISIONS Adjudication Reference: ADJ-00009089 Parties:

	Complainant	Respondent
Anonymised Parties	An assistant supervisor	A cleaning contractor

Representatives None None

Complaints:

Act	Complaint 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-00011097-001	02/05/2017
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-00011097-002	02/05/2017
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-00011097-003	02/05/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00011097-004	02/05/2017

Date of Adjudication Hearing: 15/12/2017

Workplace Relations Commission Adjudication Officer : Kevin Baneham

Procedure:

On the 2nd May 2017, the complainant submitted complaints to the Workplace Relations Commission. The complaints were scheduled for adjudication on the 15th December 2017.

It appears from the complaint form that this was a complaint by the complainant and four named colleagues. The complaints only registered against the complainant. In any event, none of the four other colleagues attended the adjudication, so this report only addresses the complainant.

At the time the adjudication was scheduled to commence, there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the time, date and venue of the adjudication and then proceeded with the hearing in its absence.

In accordance with Section 41 of the Workplace Relations Act, 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 is an assistant supervisor for a cleaning contractor on the site of a tertiary hospital. The contract was subject to a transfer of undertaking on the 12th December 2016.

Summary of Complainant’s Case: ...