Case Number: ADJ-00009952. Workplace Relations Commission

• Court: Workplace Relations Commission
• Docket Number: ADJ-00009952
• Date: 16 May 2018
• Hearing Date: 27 November 2017
• Parties: a head chef -v- a facilities management company
• Respondent: A facilities management company

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00009952

Parties:

	Complainant	Respondent
Anonymised Parties	A head chef	A facilities management company

Representatives Barron Morris, Solicitors Purdy Fitzgerald Solicitors

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-00012971-001	04/08/2017
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-00012971-002	04/08/2017
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-00012971-004	04/08/2017
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-00012971-007	04/08/2017
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-00012971-008	04/08/2017

Date of Adjudication Hearing: 27/11/2017

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015, these complaints have been assigned to me by the Director General. On November 27th 2017, I conducted a hearing and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

The complainant was represented by Norma Sammon BL, instructed by Barron Morris Solicitors. Aisling Kiernan Solicitor, also attended. This complaint arose following the transfer of the non-clinical work in a nursing home to a facilities management company and is against the Transferee. A separate complaint, ADJ number 00009953, has been submitted against the Transferor. Representatives of the Transferor and the Transferee attended the WRC and the complaints against both respondents were considered at the same hearing. For the Transferor, the Nursing Home Manager and the HR Manager attended. For the Transferee, the Chief Executive Officer (CEO) and the HR Manager attended and they were represented by Einde O’Donnell of Purdy Fitzgerald Solicitors.

Background:

In late 2016, the directors of the nursing home operated by the Transferor decided to contract out the work of the catering, laundry and cleaning staff. A facilities company was selected and on February 6th 2017, 16 people, including the complainant, transferred to the facilities company, in accordance with the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (SI 131/2003). The complainant had been employed with the nursing home from October 12th 2016 as a head chef. He was employed on a fixed-term contract for four months with an end date of February 11th 2017. His employment was terminated by the Transferee on March 2nd 2017. Before the termination of his employment, he earned €700 per week. Below is a summary of the complaints against the Transferee as they are set out on the complaint form.

Reference number	Outline of Complaint
CA-0012971-001	My new employer sought to impose on me new terms and conditions of employment. I was subsequently dismissed without any fair procedures.
CA-0012971-002	Attempts were made by my new employer to change my terms and conditions and there was actual change.
CA-0012971-004	No attempt was made by the Transferee to comply with Regulation 8(5) on the selection of representatives.
CA-0012971-007	No consultation...