J Donoghue Beverages Limited v Elizabeth Collins [2018]

Posted in: Case Law
  • Case Reference
    ILCR Determination No. TUD183
  • Legal Body
    Labour Court
  • Type of Claim / Jurisdiction
    Transfer Regulations (TUPE), Transfer of Undertaking (TUPE)
Issues covered: Section 11 (1), European Communities (Protection of Employees on Transfer of Undertakings) Regulation, 2003; Responsibility for the Failure to Consult Employees; Information and Consultation Requirements

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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This article is correct at 28/03/2018
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