Euro Car Parks (Ireland) Ltd (Represented Mairead McKenna B.L., Instructed by by Arthur Cox, Solicitors) v Patrick O'Hanlon (Represented by Mc Donald, Solicitors)

JurisdictionIreland
CourtLabour Court (Ireland)
Date18 May 2018
Docket NumberDETERMINATION NO.RPD188,FULL RECOMMENDATION,ADJ-00006014 CA-00008261-002

Labour Court (Ireland)

FULL RECOMMENDATION

RPA/17/24

DETERMINATION NO.RPD188

ADJ-00006014 CA-00008261-002

PARTIES:
Euro Car Parks (Ireland) Limited (Represented Mairead McKenna B.L., Instructed by by Arthur Cox, Solicitors)
and
Patrick O'Hanlon (Represented by Mc Donald, Solicitors)
DIVISION:

Chairman: Mr Haugh

Employer Member: Ms Connolly

Worker Member: Ms Treacy

REDUNDANCY PAYMENTS ACTS, 1967 TO 2014

SUBJECT:
1

1. An appeal of an Adjudication Officer's Decision no. ADJ-00006014.

BACKGROUND:
2

2. The Respondent appealed the Decision of the Adjudication Officer to the Labour Court on the 11 October 2017. A Labour Court hearing took place on the 26 April 2018. The following is the Decision of the Court.

DETERMINATION:
Background to the Appeal
3

This matter came before the Court by way of an appeal brought by Euro Car Parks (Ireland) Limited ('the Appellant') against a decision of an Adjudication Officer (ADJ-00006014/CA-00008261-002, dated 20 September 2017) made under the Redundancy Payments Act 1967 ('the Act'). The Adjudication Officer found that ' as no transfer within the meaning of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 had occurred when the Appellant's contract to run the Paul Quay Car Park in Wexford in which Mr O'Hanlon ('the Complainant') had been employed ceased on 14 November 2016 ' the complaint under the Act was well-founded.

4

The appeal was listed for hearing in Wexford on 26 April 2018. The Complainant, although notified by the Court through his Solicitors of the date and venue of the appeal hearing, did not attend and was not represented at the hearing of the within appeal. His Solicitors informed the Court by letter dated 25 April 2018 of his intention not to contest the appeal.

Discussion and Decision
5

The within appeal was considered in tandem with the Appellant's appeal of a related decision of the Adjudication Officer under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003. In TU/17/28, the Court set aside the decision of the Adjudication Officer under the Regulations and determined that a transfer within the meaning of the Regulations had taken place by operation of law on 14 November 2016. It follows that the within appeal must also succeed and the decision of the Adjudication Officer appealed against is set...

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