Case Number: TUD222. Labour Court

• Judgment Date: 01 June 2022
• Year: 2022
• Docket Number: TUD222
• Court: Labour Court (Ireland)

FULL RECOMMENDATION; TU/20/25 ADJ-00023574, CA-00028893-003, CA-00028893-004 DETERMINATION NO. TUD222 ; SECTION 11 (1), EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS) REGULATION, 2003 PARTIES : MR CHRIS CARROLL; (REPRESENTED BY CLAIRE BRUTON B.L., INSTRUCTED BY ANNE O’CONNELL SOLICITORS); - AND -; PATRICIA YOUNG; (REPRESENTED BY FIONA CAMPBELL) DIVISION : Chairman: Mr Haugh Employer Member: Mr O'Brien Worker Member: Mr Bell SUBJECT : 1. Appeal Of Adjudication Officer Decision No. ADJ-00023574, CA-00028893-003, CA-00028893-004; BACKGROUND : 2. The Employer and the Worker both appealed the Decision of the Adjudication Officer to the Labour Court. A Labour Court hearing took place on 25 May 2022. The following is the Determination of the Court: DETERMINATION : Background to the Appeal This is an appeal on behalf of Mr Chris Carroll (‘the Respondent’) and a cross-appeal by Ms Patricia Young (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00023574/CA-00028893-004, dated 21 May 2020) under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (‘the Regulations’). The Court heard the within appeal in Dublin on 25 May 2022 in conjunction with a related appeal and cross-appeal from a second decision of the same Adjudication Officer (ADJ-00023574/CA-00028893-003, also dated 21 May 2020) under the Unfair Dismissals Act 1977. The Court’s determination in the latter appeal bears reference number UD/20/131. The Adjudication Officer held that both complaints were well-founded. She awarded redress (by way of reinstatement) under the Unfair Dismissals Act 1977 only. The Complainant’s appeal is confined to the matter of the form of redress only.; The Factual Matrix The Complainant was employed as an assistant in the local post office in Kiltimagh, County Mayo, by Ms Marion Dunne for some twenty-one years until Ms Dunne ceased trading on Friday, 12 April 2019. The Respondent opened a post office in a dedicated area within a Londis store he runs with members of his family on Monday, 15 April 2019. The Londis store is located approximately one hundred metres from the premises in which Ms Dunne had operated her post office business, on the same street. The Complainant was on long term sick leave from her employment with Ms Dunne in the period immediately prior to the cessation of Ms Dunne’s business as she was recuperating from an accident in which she badly damaged her femur. However, she was – she says – contracted to work two days per week at that time and her agreed weekly rate of pay was €175.00 per week. She had previously worked a three-day week for Ms Dunne. The Complainant’s employment ceased on Ms Dunne’s last trading day, 12 April 2019. The...