J Donoghue Beverages Limited v Elizabeth Collins Posted in: Case Law
Case ReferenceILCR Determination No. TUD183
Legal BodyLabour Court
Type of Claim / JurisdictionTransfer Regulations (TUPE), Transfer of Undertaking (TUPE)
This case involved a claim that the complainant’s employer had failed to comply with their obligations under the Regulations. The complainant alleged that the respondent had not engaged in the requisite 30 day process of information and consultation with her representatives prior to the transfer of her employment. There was no dispute between the parties as to the relevant facts, however the issue in dispute was whether the liability for the failure to comply with the Regulation rests with the respondent company (the Transferor) or was transferred to the Transferee company.
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