WRC rejects cleaner’s TUPE complaint against new contractor

The Workplace Relations Commission found Raymond Darling’s complaint against Allan Smith Cleaning Services Allan Smith was not well founded. Its decision, dated 31 March 2023, concerned whether his cleaning job transferred to the new contractor under TUPE rules. Darling said his role at the Indaver site in Carrenstown, Duleek should have transferred when the previous contractor lost the cleaning contract. The new contractor argued that no transfer applied. The WRC found it had taken over neither significant assets or equipment nor a major part of the former contractor’s workforce, and that employment obligations remained with Darling’s former employer.