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Labour Court dismisses Kinga Puszka’s transfer appeal

By Niamh Kearney

Labour Court ·

The Labour Court dismissed Kinga Puszka’s appeal and upheld the Adjudication Officer’s decision that he had no jurisdiction to determine her complaint against J Donoghue Beverages Limited. The merits of her allegation that her employer failed to inform and consult her representatives before her employment transferred were not decided. The Labour Court’s determination was dated 20 February 2018. Puszka argued that the former employer remained liable for the alleged failure before her employment transferred to Knockton Limited T/A East Coast Suppliers Limited on 4 November 2015. The Court accepted that the information and consultation right was implied in her employment contract, so any remedy could be sought only against the transferee under Regulation 4(1).

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