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Tony Breslin awarded €35,840 over Trinity Motors transfer of employment terms

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission awarded Tony Breslin €35,840 after finding Trinity Motors Wicklow Limited failed to safeguard his employment terms when it took over the dealership where he worked. The decision, dated 27 November 2023, also awarded him €5,120 for a failure to consult and directed the company to add a transfer of undertakings policy to its staff handbook.

Breslin had worked for Sinnott Autos since 1996 as Brand Manager and Head of Sales. He said his role and working conditions changed after the transfer, including his hours and responsibilities. Trinity disputed the claims, saying his terms had not diminished and he had agreed to the revised hours.

The adjudicator found that the changes substantially harmed Breslin’s role and conditions, and that the terms he brought with him were not safeguarded. The €35,840 award represented 28 weeks’ salary. The Commission also found that an informal meeting before the transfer did not meet the consultation requirement.

Two other complaints were not well founded: one duplicated the consultation complaint, while the notification complaint failed because the disputed changes had been found void. A separate unfair dismissal complaint was withdrawn.

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