FULL RECOMMENDATION
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 PARTIES : A COMMERCIAL STATE BODY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms Treacy |
1. Appeal Of Adjudication Officer Decision No ADJ-00003033 CA-00004101-002.
BACKGROUND:
2. The Worker Appealed the decision of the Adjudication Officer to the Labour Court on 15 March 2017 in Accordance with the Minimum Notice and Terms of Employments Acts 1973 to 2005. A Labour Court hearing took place on 1st February 2018. The following is the Decision of the Court:
DETERMINATION:
This is an appeal by a Commercial State Body against the Decision of an Adjudication Officer ADJ-00003033, CA-00004101-002 under the Minimum Notice & Terms of Employment Acts, 1973 to 2005 (the Acts) in a claim made by a Security Employee against his former employer. The Adjudication Officer found that the complainant was well founded. Before the Adjudication Officer there was also a claim under the Unfair Dismissals Acts 1997 – 2015. By decision dated 1stMarch 2017, Adjudication Officer upheld the complaint of unfair dismissal and awarded re-instatement. Consequently, the Adjudication Officer held that as the Complainant was awarded re-instatement the issue of compensation for failure to give notice did not apply.
A hearing of this appeal was held on the same day as a hearing of an appeal by the Respondent under the Unfair Dismissals Acts 1977 to 2015. In its Determination UDD1815 under the Unfair Dismissals Acts, the Court found that the dismissal of the Complainant was unfair on procedural grounds and awarded compensation, thereby setting aside the Adjudication Officer’s Decision of re-instatement.
For ease of reference the parties are given the same designation as they had at first instance. Hence the Security Employee will be referred to as “the Complainant” and the Commercial State Body, will be referred to as “the Respondent”.
The Complainant referred his case to the Workplace Relations Commission on 27thApril 2016. On 15th March 2017, the Respondent appealed the Adjudication Officer’s Decision. The appeal came before the Court on 1stFebruary 2018.
Background
The Complainant was employed as a Search Unit Officer (ASU) by the Respondent from 27th August 2001 until his dismissal on 19th February 2016. He was initially employed as a Catering Assistant and was transferred to the Search Unit in 2007. He was paid €718.71 per week.
Position of the Parties
The Respondent submitted that it acted in accordance with section 8 of Acts whereby it had the right to terminate the Complainant’s contract of employment without notice in circumstances of misconduct on the part of the Complainant. It submitted that it took the decision to dismiss the Complainant on grounds of gross misconduct, it therefore follows that the was not entitled to receive notice of termination pursuant to Section 8 of the Acts.
The Complainant contended that he was unfairly dismissed. Therefore, he submitted that the Respondent’s right to terminate without notice was contrary to the Acts and he sought €4,311 in respect of unpaid pay in lieu of notice.
Determination
Based on the Court’s findings in UDD1815 the Court determines that the Complainant was entitled to receive six weeks’ notice on the termination of his employment.
Accordingly, the Court sets aside the Adjudication Officer’s Decision and orders the Respondent to pay the Complainant a minimum notice payment of €4,311.00 for the breach of the Act.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
JD______________________
26 February 2018Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Deegan, Court Secretary.