The Labour Court increased compensation for Henrietta Pitrik after finding Ashbrook Facility Management T/A Afm Ireland Ltd failed to meet its obligations when it took over a cleaning contract at Waterford Institute of Technology. The determination was dated 19 May 2017, following Ashbrook’s appeal and Pitrik’s cross-appeal.
Pitrik had worked part-time for Allpro Security Services Ireland Limited at the college. After Ashbrook won the cleaning contract, it told staff there would be no transfer and asked them to resign from Allpro to take up jobs with AFM Ireland, some on reduced hours. The Court found Ashbrook took over most of Allpro’s workforce, making 1 July 2015 the effective transfer date.
The Court found Ashbrook failed to inform and consult workers’ representatives about the transfer, and did not preserve Pitrik’s employment terms, continuity of service or accrued annual leave. It increased compensation for information and consultation breaches from €500 to €823.48, and for breaches involving her terms and service from €1,500 to €3,000. The Adjudication Officer’s decision was varied.