The Workplace Relations Commission found Lauren Collins’s complaint that her employment transferred to CLG Na Fianna was not well founded. Adjudication Officer Brian Dalton dated the decision 27 January 2022.
Collins had worked part time for SGM from 2017 and became full time in 2018. She argued the club took over the same business and that her employment terms should transfer with it. CLG Na Fianna said its arrangement with the Royal College of Surgeons was a lease: the club paid rent, maintained the grounds for its members and controlled their use.
The WRC found the lease created a landlord-tenant relationship, unlike SGM’s service agreement with the College. No assets or staff transferred, there was no substantial transfer of customers, and the club primarily used and controlled the grounds for its members. The economic activity did not retain its identity, so Collins’s employment contract did not transfer to CLG Na Fianna.