FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : CH MARINE LIMITED TRADING AS BANTRY BAY CANOES (REPRESENTED BY ANNE TAIT & CO SOLICITORS) - AND - CIARÁN O' CONNOR DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer Decision No.ADJ-00011634.
BACKGROUND:
2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8(1) of the Terms of Employment (Information) Act 1994. A Labour Court hearing took place on 18 October 2018. The following is the Determination of the Court:-
DETERMINATION:
This is an appeal by Ciaran O’ Connor against Adjudication Officer’s Decision ADJ-00011634 given under the Terms of Employment (information) Acts, 1994 to 2012(the Acts). The Adjudication Officer found that the claim was out of time and that he had no jurisdiction to hear the claim.
Complainant’s position
It is the Complainant’s position that he was not notified of changes to his employment. The Complainant in his submission to the Court could not identify any specific breaches of the Acts.
Respondent’s position
It is the position of the Respondent that the Complainant’s complaint does not fall within the scope of the Acts.
Discussion
It is clear to the Court based on the submission made by the Complainant on the day that his complaint does not fall within the scope of the Acts.
The Decision of the Adjudication Officer is amended accordingly and the complaint fails.
The Court so decides.
Signed on behalf of the Labour Court
Louise O'Donnell
CC______________________
12 November 2018Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.