FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : WILLOGROVE LTD - AND - MALIK OMER SHAHZAD (REPRESENTED BY O ' HANRAHAN LALLY SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Adjudication Officer Recommendation No. R-156877-PW-15.
BACKGROUND:
2. This is an appeal of Adjudication Officer Decision made pursuant to Section 7(1) of the Payment of Wages Act 1991. The appeal was heard by the Labour Court on the 29 June 2016 in accordance with Section 44 of the Workplace Relations Act 2015. The following is the Court's Determination:
DETERMINATION:
The Complainant submits that the Respondent infringed the Act when it withheld his entitlement to 1 weeks’ notice on the termination of his employment.
The Court considers this complaint to be misconceived. The entitlement to notice arises under the Minimum Notice and Terms of Employment Act 1973. He unsuccessfully brought a complaint under that Act to the Adjudication Officer. He did not appeal that decision.
It is not open to this Court to consider an appeal that properly arises under that Act by way of an appeal under the Payment of Wages Act.
Moreover no substantive submissions setting out the substantive grounds for the appeal were made out to the Court.
Accordingly the Court dismisses the appeal.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
LS______________________
23 August 2016Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Clodagh O'Reilly, Court Secretary.