MND233

1.Appeal Of Adjudication Officer Decision No(s)ADJ-00031009, CA-00041272-002

BACKGROUND:

2.The Worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 11 January 2023. The following is the Determination of the Court:





DETERMINATION:

This is an appeal by an employee (‘the Complainant’) of a decision of an Adjudication Officer (ADJ-00031009– CA-00041272-002, dated 10 December 2021) under the Minimum Notice and Terms of Employment Act 1973 (‘the Act’). The Adjudication Officer held that the Complainant’s claim against his former employer (“the Respondent) was not well founded.

This case is linked toUDD237.The Court heard both appeals on 10 and 11 of January 2023.TheCourt decided that the sensitive nature of the matter before the Court constituted special circumstances and, in accordance with section 44(7) of the Workplace Relations Act 2015, decided to conduct the proceedings otherwise than in public and to anonymise this decision.

Background

The Complainant was employed as a full-time security officer with the respondent, a supermarket chain, from 4 February 2008 until his termination for gross misconduct on the 11 September 2020.

His rate of pay at the date of his dismissal was €761.00 per week.

The Act

The Act at Section 8 provides as follows:

• 4.—(1)An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section.

  (2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be—

  …

  (d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks,

• 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.

In the linked caseUDD237the Court has determined that the decision to dismiss the Complainant for gross misconduct was unfair. Therefore, the Complainant is entitled in accordance with the Act to six weeks paid notice. The information supplied to the Court indicates that the Complainant was in receipt of an weekly salary of €761.00 per week and is therefore due €4,566 being six weeks’ notice pay.

Determination

The appeal succeeds. The Decision of the Adjudication Officer is set aside.

The Court so determines.

	Signed on behalf of the Labour Court
	Katie Connolly
DC	______________________
17 February 2023	Deputy Chairman