FULL RECOMMENDATION
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 PARTIES : IDRINK DISTRIBUTION LTD - AND - TOMAS BUNOKAS DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms O'Donnell |
1. Appeal of Adjudication Officer's Decision.
BACKGROUND:
2. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with the Minimum Notice and Terms of Employment Act, 1973 to 2005. A Labour Court hearing took place on 4th January, 2017. The following is the Determination of the Court:
DETERMINATION:
This matter came before the Court by way of an appeal of a decision made by an Adjudication Officer in a complaint made by Tomas Bunokas (the appellant) against his former employer iDrink Distribution Limited (the Respondent) under the Minimum Notice and Terms of Employment Act, 1973 (the Act).
The Respondent did not, for stated reasons, attend the hearing of the Court.
Determination
The Court determines, in accordance with the Act at Section 4, having service of more than 104 weeks, the Appellant is statutorily entitled to minimum notice of two weeks. The Appellant received no notice or payment in lieu thereof upon termination of his employment on 22ndFebruary 2016. The Court determines that the Respondent was in breach of the Act at Section 4 and that the Appellant is entitled, in accordance with the Act at Section 12, to compensation in the amount of €700. The decision of the Adjudication Officer is set aside.
The Court so determines.
Signed on behalf of the Labour Court
Kevin Foley
23rd January 2017______________________
SCChairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.