FULL RECOMMENDATION
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 PARTIES : MACHALE PLANT HIRE LIMITED (REPRESENTED BY ESA CONSULTANTS) - AND - MARTIN WRIGHT (REPRESENTED BY H G DONNELLY & SON) DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Mr Shanahan |
1. Appeal Of Adjudication Officer Decision No ADJ-00000931.
BACKGROUND:
2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 44 of the Workplace Relations Act, 2015 on the 20th September 2016. A Labour Court hearing took place on 2nd February 2017. The following is the Court's Determination:
DETERMINATION:
The Appeal
This is an appeal by Martin Wright (the Appellant) against the decision of an Adjudication Officer in his complaint made under the Minimum Notice and terms of Employment Act, 1973 – 2005(the Act) that he had not received his entitlement to notice under the Act following his dismissal by his former employer Mac Hale Plant Hire Limited (the Respondent).
In a decision dated 12thAugust 2016 the Adjudication Officer found that no dismissal had taken place and that the complaint was not well founded.
The Appellant was employed from 1stJanuary 1997 until the termination of his employment on or after 28thSeptember 201
Determination
The Court has previously determined in an appeal under the Unfair Dismissals Act, 1977 – 2015 that no dismissal of the Appellant took place. Consequently the within complaint cannot succeed and the decision of the Adjudication Officer is affirmed.
Signed on behalf of the Labour Court
Kevin Foley
22nd February 2017______________________
JKChairman
NOTE
Enquiries concerning this Determination should be addressed to Jason Kennedy, Court Secretary.