FULL RECOMMENDATION
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 PARTIES : Q-PARK IRELAND LIMITED (REPRESENTED BY IBEC) - AND - MR DENIS FITZPATRICK (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION :
SUBJECT: 1.Appeal of Adjudication Officer Decision No. ADJ-00018652 CA-00023964-002 This is an appeal by QPark Ireland Ltd under the Minimum Notice (Terms of Employment) Act 1973. Mr. Fitzpatrick, ‘the Complainant’, was a Parking Host for QPark Ireland Ltd. ‘the Respondent’, from November 2013 to August 2018. The Complainant was dismissed following an investigation and disciplinary procedure for alleged gross misconduct. The Complainant lodged claims under the Unfair Dismissals Act 1977 and the Minimum Notice (Terms of Employment) Act 1973, ‘the Act’, with the Workplace Relations Commission. An Adjudication Officer found that the Complainant had been unfairly dismissed. It followed, therefore, that the Complainant was entitled to his minimum notice of two weeks’ pay that had not been paid and the Adjudication Officer found in favour of the Complainant on this matter and decided that an amount of €1072 was payable to the Complainant under the Act. The Respondent appealed to this Court. The Court has upheld the decision in a related case under the Unfair Dismissals Act and the full details of the case are set out in that Determination. It follows from this that the Court also upholds the decision of the Adjudication Officer under this Act and directs that an amount of €1072 owed to the Complainant be paid to him by the Respondent. Determination The Decision of the Adjudication Officer is upheld.
NOTE Enquiries concerning this Determination should be addressed to Orla Collender, Court Secretary. |
