The Workplace Relations Commission found that Dorota Duda’s employment transferred from the Gallery Café to Homestyle Meats Ltd under TUPE, requiring the company to confirm that her service and employment conditions carried over without a break. The decision, dated 26 September 2023, gave Homestyle Meats 42 days to provide that confirmation in writing.
Duda had worked at the Gallery Café since 2006. The café closed in June 2022 after its operators stopped trading; Homestyle Meats reopened it in July and employed the former staff. Duda’s representative argued that her service and conditions transferred. Homestyle Meats argued that TUPE did not apply and that any redundancy issue was for the former employer.
The WRC said the café retained its identity, customers, equipment and staff when Homestyle Meats took over its operation. It also found that Duda remained an employee during her statutory notice period and was employed on the transfer date. TUPE is the law that protects employees’ rights when a business or part of one transfers to a new employer.