FULL RECOMMENDATION
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 PARTIES : CALLINAN COACHES LTD (REPRESENTED BY PENINSULA BUSINESS SERVICES (IRELAND) LIMITED) - AND - JOHN O' SULLIVAN (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms O'Donnell |
1. Appeal of Adjudication Officer's Decision No: ADJ-00000929. CA-00001651-002.
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 11 November 2016. A Labour Court hearing took place on 4 April 2017. The following is the Court's determination:
DETERMINATION:
This is an appeal by Mr John O’Sullivan against the Decision of an Adjudication Officer ADJ-00000929, CA-00001651-002 under the Minimum Notice and Terms of Employment Act, 1973(the Act) against his former employer, Callinan Coaches Ltd. In this Determination the parties are referred to as they were at first instance, hence Mr O’Sullivan is referred to as ‘the Complainant’ and Callinan Coaches Ltd is referred to as ‘the Respondent’.
The Adjudication Officer found that the Complainant’s complaint was not well founded.
The Complainant appealed the Adjudication Officer Decision to this Court on 23rd December 2016. The appeal came before the Court on 4th April 2017.
Background
The Complainant commenced his employment as a Driver with the Respondent, a luxury coach hire service provider, on 1st October 2005. With effect from 14th July 2015 the Complainant was dismissed. At the time of the termination of his employment, the Complainant’s weekly earnings were €594.03 gross per week.
The Claim
The Complainant claimed that the Respondent was in breach of the Act as he was dismissed without being paid his entitlement to statutory minimum notice.
Summary of the Complainant’s Arguments
The Complainant accepts that his final payslip indicates that he was paid four week’s pay in lieu of notice. However, it also indicates that a deduction in the amount of €2966.39 was made, therefore cancelling out his statutory notice entitlement.
The Complainant contended that the Respondent had failed to meet its statutory obligation to pay in lieu of notice.
Summary of the Respondent’s Arguments
The Respondent disputed the claim and stated that four weeks’ pay had been paid to the Complainant in lieu of notice. The Respondent stated that the Complainant was on a period of paid suspension prior to his dismissal on 14th July 2015, however, it later discovered that the Complainant signed on for illness benefit during this period. The Complainant produced a medical certificate covering the period 26th May 2015 to 29th June 2015 and stated that he was not aware that he would be paid while on suspension.
As the Respondent has no sick pay scheme, it sought repayment of €2966.39 from the Complainant in respect of remuneration paid to him during this period. The Respondent said that this amount was deducted from the Complainant’s final pay which included his entitlement to minimum notice.
Conclusion of the Court
Having examined the payslip details the Court is not satisfied that the Complainant received his statutory entitlement to minimum notice. Accordingly the Court finds that the Complainant claim under the Act is well founded. The Court awards the Complaint the sum of €2,376.12 for the breach of the Act.
Determination
The Court orders the Respondent to pay the Complaint the sum of €2,376.12 no later than six weeks from the date of this Determination.
The Adjudication Officer’s Decision is overturned and the appeal succeeds.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
8 May 2017______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Michael Neville, Court Secretary.