Case Number: TUD224. Labour Court

• Judgment Date: 01 June 2022
• Year: 2022
• Docket Number: TUD224
• Court: Labour Court (Ireland)

FULL RECOMMENDATION; TU/20/26; ADJ-00024763 CA-00029384-007 DETERMINATION NO. TUD224 ; SECTION 11 (1), EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS) REGULATION, 2003 ; PARTIES : MR CHRISTOPHER CARROLL; (REPRESENTED BY CLAIRE BRUTON, B.L., INSTRUCTED BY ANNE O’CONNELL SOLICITORS); - AND -; MARY CAMPBELL; DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Mr Hall ; SUBJECT : 1. Appeal Of Adjudication Officer Decision No ADJ-00024763.; BACKGROUND : 2. The Employer made an appeal of an Adjudication Officer's decision under Sect i on 11 (1), European Communities (Protection of Employees on Transfer of Undertakings) Regulation, 2003 on 25 June 2020. A Labour Court hearing took place in a virtual environment on 14 January 2021. The following is the Determination of the Court.; DETERMINATION : Background to the Appeal: This is an appeal by Mr Christopher Carroll (‘the Respondent’) from a decision of an Adjudication Officer ADJ-00024763 /CA-00029384-007, dated 17 June 2020) under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (‘the Regulations’). The Respondent’s Notice of Appeal was received by the Court on 25 June 2020. The Court heard the appeal in a virtual courtroom on 14 January 2021 in conjunction with an appeal by the Respondent from ADJ-00024763/CA-00029384-004, under the Minimum Notice and Terms of Employment Act 1973. The Court’s determination in that appeal bears reference number MN/20/30.; Factual Matrix: The Complainant in this matter is Ms Mary Campbell (hereafter, ‘the Complainant’). She was employed as an assistant in the local post office in Kiltimagh, County Mayo, by Ms Marion Dunne 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 twenty to thirty metres from the premises in which Ms Dunne had operated her post office business.; It is common case the Complainant’s employment with Ms Dunne commenced on 16 June 2017. The Complainant told the Court that that she worked 16 hours per week, over two days, for Ms Dunne and was paid €10.00 per hour. The Respondent sought to question this on the basis that he believes Ms Dunne had verbally informed him that the Complainant had worked only one day per week for her. Having examined a selection of payslips submitted by the Complainant, the Court is satisfied that the Complainant normally worked a minimum of two days per week when in Ms Dunne’s employment.; The Complainant’s employment ceased on Ms Dunne’s last trading day, 12 April 2019. The Complainant did not receive any notice period or payment in lieu of notice from Ms Dunne as the latter was of the view that the Complainant’s employment would transfer to the Respondent pursuant to the Regulations.; Written Submissions of the Parties: ...