OCS One Complete Solution Ltd Trading as OCS Ireland / Specialist Aviation Services Ireland Ltd Gate Gourmet Ireland Ltd (Represented by Irish Business and Employers' Confederation) v Justyna Babajee (Represented by Services Industrial Professional Technical Union)

• Jurisdiction: Ireland
• Court: Labour Court (Ireland)
• Judgment Date: 12 April 2018
• Judgment citation (vLex): [2018] 4 JIEC 1204
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.TUD189 r-145962-tu-14 r-145963-tu-14 r-145964-tu-14 r-145965-tu-14 r-145968-tu-14 r-145970-tu-14/JT
• Date: 12 April 2018

Labour Court (Ireland)

FULL RECOMMENDATION

TU/17/33

DETERMINATION NO.TUD189

r-145962-tu-14 r-145963-tu-14 r-145964-tu-14 r-145965-tu-14 r-145968-tu-14 r-145970-tu-14/JT

PARTIES:

OCS One Complete Solution Ltd Trading as OCS Ireland / Specialist Aviation Services Ireland Ltd Gate Gourmet Ireland Ltd (Represented by Irish Business and Employers' Confederation)

and

Justyna Babajee (Represented by Services Industrial Professional Technical Union)

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Mr Murphy

Worker Member: Mr McCarthy

SECTION 11 (1), EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS) REGULATION, 2003

SUBJECT:

1 1. An appeal of an Adjudication Officer's Decision no:-r-145962-tu- 14 r-145963-tu- 14 r-145964-tu- 14 r-145965-tu- 14 r-145968-tu- 14 r-145970-tu-14/JT.

BACKGROUND:

2 2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court on the 20 November 2017. A Labour Court hearing took place on the 11 January 2018. The following is the Court's Determination:-

DETERMINATION:

3 This is an appeal by Justyna Babajee (formerly Fraszczak) against an Adjudication Officer's Decision given under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ( S.I. 131 of 2003). The Adjudication Officer found that the claim failed as the payments received were made in error.

Complainant's case

4 The Complainant commenced work on 19 ^th June 2006 with Gate Aviation (Ireland). On the 16 ^th December 2013, the Complainant was transferred to the Respondent company. Following the transfer the Respondent failed to apply the public holiday premium of normal time plus double time and the Saturday and Sunday premium. The Respondent also failed to honour the pre-existing sick pay scheme.

5 The Complainant raised these issues with the Respondent but did not receive a satisfactory response. The Union then engaged with the Respondent in relation to the claims and provided the Respondent with pay slips and other documents in support of their claim. The Union's position on behalf of the Complainant is that she was in receipt of these terms at the time of transfer and therefore was entitled to bring them with her. The failure by the Respondent to honour same is in breach of the requirements set out under the Statutory Instrument. The Complainant in her evidence to the Court stated that she received her contract and a copy of the 1996 Collective Agreement in the same...