FULL RECOMMENDATION
SECTION 19 (1), PARENTAL LEAVE ACTS, 1998 AND 2006 PARTIES : CPM IRELAND LIMITED (REPRESENTED BY PENINSULA BUSINESS SERVICES (IRELAND) LTD) - AND - NATASHA CALLAGHAN DIVISION : Chairman: Ms O'Donnell Employer Member: Ms Connolly Worker Member: Mr Hall |
1. Appeal of Adjudication Officer's Decision No ADJ-00009657
BACKGROUND:
2. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 19(1) of the Parental Leave Acts, 1998 and 2006. A Labour Court hearing took place on 9th April, 2019. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Natasha Callaghan (the Complainant) against Decision ADJ-00009657 of an Adjudication Officer in her complaint against her past employer CPM Ireland Limited (the Respondent). The complaint was made pursuant to the Parental Leave Act 1998 (the Act). The Adjudication Officer found that the complaint failed.
Background
The Complainant commenced employment with the Respondent on the 15thMay 2017. The offer of employment was subject to, attendance at induction training, the provision of two verifiable references and the completion of a Driver Declaration form. It is the Complainant’s case that she was dismissed for having exercised her entitlement to force majeure.
In the course of her submission to the Court the Complainant confirmed that she had not raised the issue of force majeure leave with the Respondent until a number of weeks after her dismissal. The Complainant also confirmed that she had not made a formal application for same and that she had not complied with the requirements of s13 (3) of the Act. The Respondent’s case is that the Complainant still has not made an application for force majeure leave in line with the requirements of s13 of the Act and the Respondent’s policy; and on that basis this claim must fail.
Decision
It was clear to the Court from the Complainant's submission and her oral submission on the day that this claim was misconceived. The Complainant’s appeal fails.
The decision of the Adjudication Officer is upheld.
The Court so decides.
Signed on behalf of the Labour Court
Louise O'Donnell
29th May 2019______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.