MND206

1.Appeal of Adjudication Officer Decision no. ADJ-00007968 CA-00010645-002



BACKGROUND:

2.The Complainant appealed the decision of the Adjudication Officer to the Labour Court on 27 July 2018 in accordance with the Minimum Notice and Terms of Employment Acts 1973 to 2005. A Labour Court hearing took place on 11 June 2019 , 3 and 4 September 2020. The following is the Decision of the Court:



DETERMINATION:


This is an appeal by Connemara Marble Industries Limited against the decision of an Adjudication Officer ADJ00007968, CA-00010645-002 under the Minimum Notice and Terms of Employment Act 1973 (the Act) in a claim by Ms Frances Murphy against her former employer that she did not receive her entitlement to notice under the Act when her employment was terminated on 21^stFebruary 2017.

For ease of reference the parties are given the same designation as they had at first instance. Hence Ms Frances Murphy will be referred to as “the Complainant” and Connemara Marble Industries Limited will be referred to as “the Respondent”.

The Adjudication Officer by Decision dated 25th June 2018 held that the compliant was well founded and order the Respondent to pay the Complainant her entitlement to statutory minimum notice in the amount of €2,200. The Respondent appealed the Decision on 27th July 2018.

The Complainant was employed by the Respondent from 1^stJanuary 2011 until 21^stFebruary 2017 and was paid €550.00 per week. The Respondent did not dispute that no notice was given to the Complainant. The Complainant’s termination of employment was the subject of a claim under the Unfair Dismissals Acts 1977 – 2015, and the subject of an appeal by the Respondent to this Court. The Respondent’s appeal under the Unfair Dismissals Acts (UD/18/134) was heard in conjunction with the within appeal. The Court found that the Complainant had been unfairly dismissed and awarded compensation. It follows therefore, that the Complainant has an entitlement to her statutory notice under the 1973 Act.

The Complainant had over five years’ continuous service with the Respondent and had, therefore, accrued an entitlement to four weeks’ notice pursuant to section 4 of the Act.

Determination

For the reasons outlined above the decision of the Adjudication Officer is affirmed.

The Respondent is directed to pay the Complainant the sum of €2,200 in respect of her statutory entitlement to notice under the Act.

The Court so determines.

	Signed on behalf of the Labour Court
	Caroline Jenkinson
H.M.	______________________
28/10/2020	Deputy Chairman