The Workplace Relations Commission awarded security officer Bernard Meehan €8,000 under transfer of undertakings rules after finding his employer had shown wilful disregard for its legal obligations. It also awarded him €547.56 for unlawful wage deductions. The decision was dated 22 July 2022.
Meehan said Securway At Risk Security Group Limited Sar Security stopped paying a €42.12 fortnightly site allowance after he transferred to the company in July 2020. He said the allowance had been paid for 14 years and was part of his employment terms. The respondent did not attend the hearing.
The WRC found Meehan remained entitled to the allowance after the transfer and awarded €547.56 under the Payment of Wages Act. It also found the company had failed to implement an earlier WRC decision, refused to engage with his union and continued not to honour its obligations up to his resignation. The adjudicator said this showed wilful disregard for the law and made the €8,000 award under the TUPE Regulations as a deterrent.