FULL RECOMMENDATION
SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015 PARTIES : AUT EVEN HOSPITAL LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - AMIR TAHERZADEH DIVISION : Chairman: Mr Geraghty Employer Member: Mr Marie Worker Member: Ms Treacy |
1. Appeal Of Adjudication Officer Decision No:ADJ-00012881 CA-00016958_001
BACKGROUND:
2. The Worker appealed the Decision of the Adjudication Officerto the Labour Court on 6 November 2018 in accordance with Section 8(A) of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 19 February 2019. The following is the Determination of the Court:
DETERMINATION:
The Claimant had been employed by the Respondent for less than one year’s continuous service when his contract had been terminated. He had taken a case under the Unfair Dismissal Acts to the WRC and the Adjudication Officer had found that he did not have jurisdiction to hear the claim, in view of the Claimant’s length of service.
The Claimant appealed this decision.
There is no dispute that the Claimant did not have one year’s continuous service.
The Law
s. 2(1) of the Unfair Dismissals Act 1977 states as follows;
‘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.’
The Claimant is not covered by the Unfair Dismissals Act.
The decision of the Adjudication Officer is upheld.
Signed on behalf of the Labour Court
Tom Geraghty
MK______________________
25 February 2019Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Mary Kehoe, Court Secretary.