Labour Court upholds decision rejecting David Lavin’s transfer complaint

The Labour Court upheld the decision rejecting David Lavin’s appeal over whether his employment transferred to Overpass Limited T/A Ocean Property Management when the property management contract changed provider. The determination was signed on 5 October 2017. Lavin worked as a night security operative at the Gleann Na Rí Student Residential Complex in Galway. He argued that his employment transferred when Overpass won the service contract and that his redundancy breached his right to transfer. The Court found that no tangible assets, goodwill or employees transferred, and that the economic entity did not retain its identity under Overpass. It concluded that no transfer of undertaking occurred and Lavin had no entitlement to transfer his employment.