Rapier Contract Services Ltd (Represented by Ms Claire Bruton B.L. Instructed by Hayes Solicitors) v Adina Predut
Labour Court (Ireland)
1. Appeal Of Adjudication Officer Decision No. ADJ-00001760.
2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court on the 15 February 2017 in accordance with Section 8(A) of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 10 November 2017. The following is the Court's Determination:
This is an appeal by Adina Perdut (the Complainant) against a decision of the Adjudication under section 8(1)(B) of the Unfair Dismissals Act, 1977 that her complaint that she was unfairly dismissed by her employer Rapier Contract Services Limited was dismissed.
The Complainant was dismissed on 31 January 2016. The Complaint was filed with the Workplace Relations Commission on 3 February 2016. The Adjudication Officer issued his decision on 25 January 2017. The Complainant filed her appeal with the Labour Court on 15 February 2017. The case came on for hearing before the Court on 10 November 2017.
The Complainant commenced employment with the Respondent a contract services company on 18 Janauary 2011. She was initially employed as a concierge, working in an apartment block in Smithfield Dublin. The Complainant had an employment background in administration roles and consequently was subsequently assigned work in the Company's head office in Dublin 18. However the Complainant did not take to this role and she was, at her request, returned to the concierge role in Smithfield.
Following a review of the concierge role in 2015 the Company decided that the role had some of the characteristics in line with new security licencing requirements. The decision was taken that concierge staff should be trained to enable them to obtain security licences in accordance with the requirements of the Private Security Authority.
Synergy Security Ltd, a sister company of Rapier Contract Services Limited, had responsibility for providing security services in relation to the Smithfield complex. Accordingly, a decision was taken to transfer the concierge business of Rapier Contract Services Limited to Synergy Security Limited. All affected staff were notified that their employment would transfer to that company under the European Communities (Protection of Employees on transfer of Undertakings) Regulations 2003.
This transfer was originally scheduled to take place on 1 January 2016. However this date was, for various reasons, postponed to 1 February 2016.
The Complainant acknowledges that she told the Respondent that she would refuse to transfer to Synergy Security Ltd. In her submission to the Court she states
• “On 15 November 2015 I received a letter from Mr John Russell informing me that my employment with the company will cease on 1st December 2015. I will be subject to TUPE transfer and the position I held will be taken by Security (the security company name was not mentioned) and I will receive additional training. The transfer offer to a security company was not made to all my colleagues (eg Kristina Holikova was offered a positon as a cleaner but her employment with Rapier Contract Services ended as she informed Mr John Russell that she is pregnant)
I informed the company I will not accept the transfer because it was in my disadvantage to work as a security, especially for a sister company of Rapier Contract Services as was the one I was supposed to be transferred, Synergy Security — where I could be transferred immediately to any other security position and because in my opinion a TUPE transfer couldn't be made as the occupation was changing...
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