FULL RECOMMENDATION
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 PARTIES : ASKEATON PAVING LIMITED (REPRESENTED BY O' CONNOR O' DEA BINCHY SOLICITORS) - AND - JOHN MULLINS (REPRESENTED BY KELLY LAW SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer's Decision No: ADJ-00001500 CA-00002033-003.
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 25 July 2016. A Labour Court hearing took place on 2 May 2017. The following is the Court's Determination:
DETERMINATION:
This is an appeal by Mr John Mullins against the Decision of an Adjudication Officer ADJ-00001500, CA-00002033-003 under the Minimum Notice and Terms of Employment Acts, 1973 to 2005. The Adjudication Officer rejected the claim.
In this Determination the parties are referred to as they were at first instance. Hence Askeaton Paving Limited is referred to as the Respondent and Mr John Mullins is referred to as the Complainant.
A hearing of this appeal was held on the same day as a hearing of an appeal by the Complainant against the Respondent under the Unfair Dismissals Acts 1977 to 2015. In its Determination under the Unfair Dismissals Acts, the Court found that the Complainant had not been unfairly dismissed but had been dismissed in circumstances which amounted to redundancy. At the time of his redundancy, the Complainant had 5.55 years of service and is therefore entitled to four weeks minimum notice at a weekly rate of €609.00 gross.
Accordingly, the Court sets aside the Adjudication Officer’s Decision and orders the Respondent to pay the Complainant a minimum notice payment of €2,436.00 (say, two thousand four hundred and thirty six euros).
The Court so Determines.
Signed on behalf of the Labour Court
Brendan Hayes
6 June 2017______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Michael Neville, Court Secretary.