FULL RECOMMENDATION
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 PARTIES : CLOGRENNANE LIME LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - JOSEPH CURRAN (REPRESENTED BY SEAN ORMONDE & CO. SOLICITORS) DIVISION : Chairman: Mr Foley Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer Decision No ADJ-00000332.
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 11th May 2016. A Labour Court hearing took place on 28th October 2016. The following is the Court's Determination:
DETERMINATION:
This matter comes before the Court as an appeal of a decision of an Adjudication Officer in a complaint by Joseph Curran (the Appellant) made under the Minimum Notice and Terms of Employment Act, 1973-2015 (the Act) that his former employer Clogrennane Lime Limited (the Respondent) had failed to afford him his statutory entitlement to notice on the termination of his employment.
The Adjudication officer, consequent on a separate finding that the Appellant had not been unfairly dismissed, found that the complaint under the Act failed.
Determination of the Court
The Court, having earlier found in a separate Determination on appeal that the Appellant, who was summarily dismissed by the Respondent, was not unfairly dismissed determines that the appeal under the Act must also fail.
Signed on behalf of the Labour Court
Kevin Foley
11th January 2017______________________
JKChairman
NOTE
Enquiries concerning this Determination should be addressed to Jason Kennedy, Court Secretary.