UDD2346

Appeal of Adjudication Officer Decision No's: ADJ-00039382 (CA-00050993-001)

BACKGROUND:

The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 28 March 2023 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on  21 November 2023. The following is the Decision of the Court:

DECISION:

This is an appeal by Forbidden City Ltd t/a Translation.ie (the Respondent), against Adjudication Officer Decision ADJ-00039382 CA-00019962-001 in respect of a complaint by Ms Monika Nagle (the Complainant) that she was unfairly dismissed. The complaint was made pursuant to the Unfair Dismissal Act,1977.

The Adjudication Officer held that the complaint was well founded and awarded compensation of €2,000.

The Court was informed by the Legal Representative for the Complainant that the matter had been compromised and that the Complainant accepted that she was not an employee of the Respondent. They also stated that the Complainant is not contesting the appeal and accepts that an outcome of not contesting the appeal could be that the Adjudication Officer’s decision could be set aside.

The Legal representative for the Respondent submitted that they were relying on their written submission and the fact that their appeal was not being contested. They were therefore seeking to have the decision of the Adjudication Officer set aside.

Decision

The Court based on the consensus as articulated by the parties to the Court and the uncontested submission of the Respondent, determines that the Adjudication Officers decision should be set aside.

The appeal is upheld. The decision of the Adjudication Officer is set aside.

The Court so decides.   

	Signed on behalf of the Labour Court
	Louise O'Donnell
DC	______________________
07 December 2023	Deputy Chairman