UDD1850

FULL RECOMMENDATION

UD/18/101

DETERMINATIONNO.UDD1850

ADJ-00009558 CA-00012426-001

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

PARTIES :

FINN TOURS SOUTH LIMITED

- AND -

DANAIL TSVETKOV

DIVISION :

Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms Treacy

SUBJECT:
1. An appeal of an Adjudication Officer's Decision no. ADJ-00009558.

BACKGROUND:

2. The Appellant appealed the Decision of the Adjudication Officerto the Labour Court on 5 June 2018 in accordance with Section 8(A) of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 21 September 2018. The following is the Determination of the Court:

DETERMINATION:

This matter comes before the Court as an appeal by Mr Danail Tsvetkov (the Appellant) of an Adjudication Officer’s decision in his complaint made under the Unfair Dismissals Act, 1977 (the Act) that he had been unfairly dismissed by his former employer, Finn Tours South Limited (the Respondent).

The Adjudication Officer, in a decision dated 22^ndMay 2018, decided that the complaint did not succeed.

Preliminary Issue

The Respondent submitted that the Appellant did not have the requisite service of one year on the date of his dismissal to maintain his complaint under the Act. The Respondent submitted that the Appellant’s employment commenced on 19^thAugust 2016 and the employment terminated on 8^thJuly 2017.

The Appellant accepted in his oral submission to the Court that he did not have twelve month’s service with the Respondent at the date of his dismissal.

The Law

The Act at Section 2(1)(a) makes provision as follows:

2(1) Except in so far as any provision of this Act otherwise provides this Act shall not apply in relation to any of the following persons:
- (a) an employee (other than a person referred to in section 4 of this Act) who is dismissed, who, at the date of his dismissal, had less than one year’s continuous service with the employer who dismissed him.

No submission was made to the Court that any provision of the Act otherwise has application to the circumstance of the Appellant.

Determination

The Court concludes that, by operation of the Act at Section 2(1)(a), the Act does not apply to the Appellant and the appeal fails. The decision of the Adjudication Officer is affirmed.

The Court so determines

Signed on behalf of the Labour Court

Kevin Foley
CR______________________
24 September, 2018Chairman

NOTE

Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.