Labour Court upholds decision in Jean O’ Gorman’s transfer appeal

The Labour Court upheld the decision rejecting Jean O’ Gorman’s complaint against Overpass Limited T/A Ocean Property Management, finding that her employment did not transfer when the property management contract changed provider. O’ Gorman argued that her employment should have transferred from Gleann Na Rí Property Management (Galway) Ltd to Overpass when the contract moved in February 2016. Overpass said no significant assets or employees transferred and its service differed from the former provider’s. The Court found that no property, tangible assets, goodwill or employees transferred. It concluded the economic entity had not retained its identity within Overpass, so no transfer of undertaking occurred. The Court’s determination was dated 5 October 2017.