MND225

FULL RECOMMENDATION

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

PARTIES :

ELEMENT SIX LTD
(REPRESENTED BY RONAN DALY JERMYN)

- AND -

MR PATRICK O'CONNOR
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

SUBJECT:

1.Appeal Of Adjudication Officer Decision No. ADJ-00013880 CA-00018418-002

BACKGROUND:
2.The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 18 December 2019 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 21 July 2021 and 3 March 2022. The following is the Determination of the Court:


DETERMINATION:


Background

Mr. O’ Connor, ‘the Complainant’, was dismissed by Element Six Limited, ‘the Respondent’, in April 2018, arising out of contact between him and a witness in an investigation into a matter that concerned him.

The Complainant brought a complaint to the Workplace Relations Commission, ‘WRC’, under the Minimum Notice and Terms of Employment Act, 1973, ‘the Act’ in conjunction with a complaint under the Unfair Dismissals Act.

An Adjudication Officer, ‘AO’, decided that the complaint under the Unfair Dismissals Act was not well founded and that, as the dismissal was for gross misconduct, s. 8 of the Minimum Notice and Terms of Employment Act was applicable and the complaint under that Act must fail.
The Complainant appealed to this Court.


Summary of Complainant arguments

The Complainant was in the employment for many years.

If the Complainant is found to have been dismissed unfairly, he is entitled to be paid in lieu of notice.


Summary of Respondent arguments

The Complainant was dismissed for gross misconduct.


The applicable law

Right to terminate contract of employment without notice.

8.— Nothing in this Act shall affect the right of any employer or employee to terminate a contract of employment without notice because of misconduct by the other party.

Deliberation

The Court has found in a parallel case that the dismissal of the Complainant for gross misconduct was not an unfair dismissal.

It follows, therefore, that s.8, as set out above, is applicable and there is no obligation on the employer to make a payment in lieu of notice.

Determination

The Decision of the Adjudication Officer is upheld.

NOTE

Enquiries concerning this Determination should be addressed to Orla Collender, Court Secretary.