Trinity College Dublin (Represented by IBEC) v A Worker (Represented by Carmody Moran Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 09 July 2018
• Judgment citation (vLex): [2018] 7 JIEC 0903
• Docket Number: FULL RECOMMENDATION DECISION NO. LCR21752 ADJ-00007910 CA-00010547-001
• Date: 09 July 2018
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

CD/18/95

DECISION NO. LCR21752

ADJ-00007910 CA-00010547-001

PARTIES:

Trinity College Dublin (Represented by IBEC)

and

A Worker (Represented by Carmody Moran Solicitors)

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Mr Marie

Worker Member: Mr Hall

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No. ADJ-00007910.

BACKGROUND:

2 2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On 20 March 2018 the Adjudication Officer issued the following Recommendation:-

•

Despite the complexities of this case, a genuine transfer of undertaking under SI 131.2003 took place. In the circumstances, the Claimant could have accepted a transfer retaining all his existing terms and conditions and continue his work with ABC. The Claimant declined the transfer. The Respondent did not have alternative positions to offer and therefore there was no other option but to declare a redundancy. I therefore do not find the claim well founded and it fails .

3 The Worker appealed the Adjudication Officer's Recommendation to the Labour Court on 27 April 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

4 A Labour Court hearing took place on 22 June 2018.

DECISION:

5 This is an appeal by a Worker of an Adjudication Officers decision in respect of his claim for reinstatement with the Employer. The Adjudication officer held that the claim was not well founded.

6 The Worker commenced work with the Employer in 1994. In 2006 he received a contract of indefinite duration which stated that he was appointed to the position of Research Assistant (part-time) in the School of Education located at Trinity College Dublin. It went on to say that this employment is supported by funding which accrues to the School of Education.

7 All of the Workers duties were carried out for the Anti-Bullying Centre which was associated with the School of Education until it ceased to operate on the 31 ^st December 2013. The Worker was made redundant on the 6 ^th March 2015.

8 It is the Workers contention that the work he carried out was both administrative and research and that for a period following the closure of the Anti—Bullying Centre he worked directly for the School of Education. It is his position that making him redundant was a breach of the Haddington Road agreement. His representative in their submission to the Court...