PLD232

PL/23/5

DECISION  No. PLD232

SECTION 44, WORKPLACE RELATIONS ACT 2015

SECTION 27 OF THE PATERNITY LEAVE AND BENEFIT ACT 2016

PARTIES:

Dolphin Brothers Renewable Energies Aleden Contract

AND

Lucas Augusto De Lorenzo

 DIVISION

  Chairman: Mr Haugh

 Employer Member:Mr Murphy

 Worker Member: Ms Treacy

 SUBJECT

Appeal of Adjudication Officer Decision No's: ADJ-00044896 (CA-00054994-003)

 BACKGROUND

 The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 7 September 2023, in accordance with Section 27 of the Paternity Leave and Benefit Act 2016. A Labour Court hearing took place on 17 November 2023. The following is the Decision of the Court:

DECISION

Background to the Appeal
This is an appeal by Mr Lucas Augusto de Lorenzo ('the Complainant') from a decision of an Adjudication Officer (ADJ-00044896/CA-000554994-003, dated 1 August 2023) under the Paternity Leave and Benefit Act 2016 ('the Act'). The Complainant did not appear before the Adjudication Officer and, on that basis, the Adjudication Officer held that the complaint was not well-founded. The Complainant's Notice of Appeal was received in the Court on 7 September 2023. The Court heard the appeal in Dublin on 17 November 2023.

Factual Background
The Complainant was employed by Dolphin Brothers Renewable Energies Limited ('the Respondent') as an Engineer between 26 January 2022 and 12 January 2023. The Complainant's base salary by the latter date was €60,000.00 gross per annum.

Submissions
The Complainant submits that his employer did not facilitate his request for a period of paternity leave in January 2023 when his son was born. In reply to a question from the Court, the Complainant confirmed that he had not notified the Respondent in writing of his intention to avail himself of a period of statutory paternity leave four weeks in advance of the "expected week of confinement of the expectant mother concerned", as required by section 7 of the Act.

Discussion and Decision
Section 7 of the Act provides that an employee's entitlement to statutory paternity leave is predicated on the employee giving at least four weeks' written notice to the employer of his intention to avail himself of such leave. In this case, the Complainant omitted to provide the Respondent with the required written notice. Accordingly, his appeal under the Act cannot succeed.
The Court, therefore, upholds the decision of the Adjudication Officer.
The Court so decides.

NOTE

Enquiries concerning this Decision should be in writing and addressed to Aidan Ralph, Court Secretary.