Labour Court upholds rejection of Susan Clancy’s transfer complaint

The Labour Court upheld the rejection of Susan Clancy’s complaint against Overpass Limited T/A Ocean Property Management, finding that her employment did not transfer when the property management contract changed provider after a tender process. The Court signed its determination on 5 October 2017. Clancy argued that her employment should have transferred from Gleann Na Rí Property Management (Galway) Ltd to Overpass under the transfer-of-undertakings regulations. Overpass argued that no significant assets or employees transferred and that it provided a different service. The Court found that no property, tangible or intangible assets, goodwill or employees transferred. Although it classified the business as labour-intensive, it concluded that the economic entity did not retain its identity, so no transfer occurred and the regulations did not apply.