FULL RECOMMENDATION
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 PARTIES : ANNA GAVIN TRADING AS CLOUD 9 CRECHE (REPRESENTED BY CONNELLAN SOLICITORS) - AND - SHARON DUNLEAVY (REPRESENTED BY SHANE GERAGHTY B.L., INSTRUCTED BY NOONEY & DOWDALL SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Ms Connolly Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer Decision No:ADJ-00004373 CA-00006312-002
BACKGROUND:
2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 26 January 2018 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 17 May and 2 July 2018. The following is the Determination of the Court:
DETERMINATION:
This matter comes before the Court as an appeal by Ms Anna Gavin trading as Cloud 9 Creche(the Appellant) against a decision of an Adjudication Officer in a complaint by a former employee, Ms Sharon Dunleavy (the Complainant) made under the Minimum Notice and Terms of Employment Act, 1973-2015 (the Act).
The Adjudication officer, in a decision dated 18 December 2017 decided that the complaint was well founded and awarded her redress in the sum of €1,100 under this Act.
Determination of the Court
The Court, having earlier found in a related Determination, UD/18/21, that the Appellant had submitted her complaints under the Unfair Dismissals Act 1977 – 2015 outside of the statutory time limit and as the Complaint under this Act was submitted at the same time and has an identical 6 month statutory time limit for the bringing of such complaints, the Court, by parity of reasoning, determines that the complaint in this case is statute barred and accordingly sets aside the decision of the Adjudication Officer.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
MK______________________
10 July 2018Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Mary Kehoe, Court Secretary.