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WRC awards worker €4,500 over cleaning contract transfer breaches

By Niamh Kearney

Workplace Relations Commission ·

A worker was awarded €4,500 after the Workplace Relations Commission found that a cleaning company breached transfer-of-undertakings protections when it took over a cleaning contract. In a decision dated 1 December 2017, the WRC also required the company to pay four weeks’ wages for failures to inform and consult employee representatives. The worker said the company treated her as a new employee, reducing her hours and failing to preserve her service and accrued annual leave. The company argued the protections did not apply and that she accepted a new employment offer. The WRC found that taking over most of the previous contractor’s workforce constituted a transfer of undertaking. It found the company failed to preserve the worker’s terms, continuity of employment and accrued leave. Her complaint that she was dismissed because of the transfer was not upheld because her employment transferred under the protections.

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