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Council says it's not responsible for ex-Ashton dog pound wardens
Summary
Dublin City Council denied responsibility for former dog wardens after ending its contract with the Ashton Dog Pound. Kevin Bissett, John Mahon and Lee Gaskin were told by the pound's management that their employment would transfer to the council, but they were left without work from the end of June 2021. The men filed complaints with the Workplace Relations Commission under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 against David Stone, trading as Ashton Dog Pound, and the local authority. The council argued no staff transfers occurred when its contract ended and that it was entitled to outsource and later take the service back in-house without TUPE applying. The council's position was that the workers had been effectively dismissed if no transfer of undertakings took place. The tribunal heard evidence that the pound continued to operate for up to two months after the contract loss, providing services for other local authorities.
Who, what, where, when and why
What: Report matter: Council says it's not responsible for ex-Ashton dog pound wardens. Procedural stage: hearing_or_decision
When:
- June 2021 Other
- 1 June 2021 Other
- 16 June Other
- 2022-11-02 Publication
Why: We are advising you your employment will transfer to Dublin City Council… the reason for transfer is [the] loss of the dog warden service," the letter read, adding that continuity of service and terms and condition of employment would be retained. CNI source report
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