WRC finds Robert Kowcz complaints over transfer and redundancy not well founded

The WRC found Robert Kowcz’s redundancy and unfair dismissal complaints against Derry Court Company Limited not well founded, concluding that he did not transfer to the company under TUPE and did not become its employee. The decision was dated 8 January 2024. Kowcz had worked for a previous cleaning contractor for 17 years, including at the Central Mental Hospital in Dundrum. The dispute arose when cleaning services moved to the National Forensic Mental Health Service in Portrane. Kowcz said the alternative role offered was not reasonable or comparable; the company argued he had chosen not to transfer. The adjudication officer said it was unnecessary to examine why Kowcz did not transfer, and found that he was not an employee of Derry Court Company Limited for the purposes of either Act. Both complaints were found not well founded.