Labour Court upholds decision that David Lavin’s claim was not well founded

The Labour Court upheld the decision that David Lavin’s unfair dismissal claim against Gleann Na Ri Property (Galway) Ltd was not well founded. The Court found the respondent was not in breach of the transfer of undertakings regulations. Lavin, a night security operative, argued that his employment should have transferred when Overpass Limited t/a Ocean Property Management took over the property management contract. The Court relied on a related determination finding that the contract’s move after a tender process did not amount to a transfer of undertaking. The employer did not attend the hearing, and an observer on its behalf did not participate. The Court’s determination was dated 5 October 2017.