MND207

1.An appeal of an Adjudication Officer's Decision No.ADJ-00023937

BACKGROUND:

2.The Employee appealed the Decision of the Adjudication Officerto the Labour Court on 22 January 2020 in accordance withthe Minimum Notice and Terms of Employment Act 1973 to 2005.A Labour Court hearing took place on 13 October 2020. The following is the Determination of the Court:-




DETERMINATION:

This is an appeal by Rytis Sedleckas (the Complainant) against an Adjudication Officer’s Decision ADJ-00023937 given under the Minimum Notice and Terms 0f Employment Acts 1973 to 2005 (“the Acts”) in a claim that he was unfairly dismissed by the “Respondent”, his former employer, and was not paid his minimum notice entitlements under the Act. The Adjudication Officer held that the complaint was not well founded.

Background

The Complainant commenced employment with the Respondent in October 2006 as a hydraulic fitter/general operative. From time to time when work was scarce the Respondent would get staff to do other jobs including painting, unpacking deliveries, cleaning and servicing Director’s cars rather than laying them off. In the past the Respondent had sent several employees on a welding course to broaden their skill set but the Complainant declined to do the course. On the 19^thApril 2019 the Complainant was asked to clean a Director’s car, he declined to do so and left the premises

This case is linked to case UD/20/29 where the Court determined no dismissal occurred. On the basis that no dismissal occurred no entitlement arises under this Act .

The Decision of the Adjudication Officer is upheld

The Court so Determines

	Signed on behalf of the Labour Court
	Louise O'Donnell
CC	______________________
4 November 2020	Deputy Chairman