Horan v Brookfield Facilities Services Ltd

• Jurisdiction: Ireland
• Judgment Date: 10 March 2015
• Judgment citation (vLex): [2015] 3 JIEC 1002
• Date: 10 March 2015
• Docket Number: TU46/2014,TE110/2014
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. TE110/2014

TU46/2014

APPEAL OF:

Maria Horan

and

the recommendation of the Rights Commissioner in the case of:

Brookfield Facilities Services Limited

under

TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001

PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS REGULATIONS 2003

I certify that the Tribunal

(Division of Tribunal)

Chairman: Mr P. Hurley

Members: Mr. W. O'Carroll

Mr F. Dorgan

heard this appeal at Limerick on 10th March 2015

1 This case came before the Tribunal by way of appeals by the employee against the decisions of the Rights Commissioner Ref: r-137615-te-13/GC and r-142799-tu-14/GC.

Determination:

2 Having carefully considered the evidence adduced at the hearing the Tribunal determines the following in respect of the two appeals before it.

3 The Tribunal varies the decision of the Rights Commissioner Ref: r-137615-te-13/GC in respect of the Terms of Employment (Information) Act, 1994 and 2001 and awards the appellant €960.00 under these Acts.

4 Furthermore the Tribunal upholds the decision of the Rights Commissioner in respect of the Protection of Employees on Transfer of Undertakings Regulations, 2003 and makes a determination to the like affect as the Rights Commissioner Ref. r-142799-tu-14/GC.