Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

Under the regulations, a transfer is defined as the transfer of an economic entity which retains its identity. The question of whether a transfer is a transfer within the meaning of the regulations is a matter to be determined by the adjudicating officer in the Workplace Relations Commission, WRC, or, on appeal, at the Labour Court based on the circumstances of that particular case. Complaints relating to an alleged contravention of the 2003 regulations can be brought in the first instance to an adjudicating officer of the WRC and, on appeal, to the Labour Court. These bodies are guided by national and European Court of Justice case law. Any such case should be taken within six months of the date on which an employee considers there has been a contravention of the regulations. An application to the WRC can be made by the employee or a representative, including a trade union representative. A decision of the adjudicating officer may declare that the complaint is or is not well founded, as the case may be. It may require the employer to comply with the regulations and to take a specific course of action for that purpose or it may require the employer to pay to the employee compensation of such an amount as is just and equitable in the circumstances, up to a maximum of two years' remuneration or four weeks' remuneration in the case of a contravention of the information and consultation provisions of the regulations.

As I said, I currently have no reason to believe that the companies involved will not comply with the regulations but a statutory adjudications framework is in place to provide remedies if necessary. I will bring the issues the Deputy has raised back to the Minister, Deputy Regina Doherty.

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