The Workplace Relations Commission awarded Noel Farrell €13,000 after finding that Bidvest Noon (ROI) Ltd. changed his job substantially following a transfer of his employment. The decision was dated 27 January 2023.
Farrell had worked as a carpark attendant before his employment transferred to the company in August 2019. He said he was then required to take on security duties. The company said a client had requested a security presence and that the change was allowed under his contract.
The adjudication officer found the new role added reception, patrol, CCTV monitoring and lock-up duties to the carpark work, and that Farrell lacked the licence required for those security duties. The officer found the contract did not permit such a fundamental change and ordered €13,000 in compensation for the breach of rules protecting employees’ terms when a business transfers. A second complaint was treated as a duplicate and received no separate decision.