MND232

1.Appeal Of Adjudication Officer Decision No(s)ADJ-00021145, CA00027874-002

BACKGROUND:

2.The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 16 February 2022 in accordance withSection 44 of the Workplace Relations Act, 2015. Labour Court hearings took place on 6 September 2022 & 7 February 2023. The following is the Determination of the Court:

DETERMINATION:

This is an appeal by Inspection Services Ireland Ltd (hereafter the Respondent) against an Adjudication Officer’s Decision ADJ-00021145 given under the Minimum Notice and Terms of Employment Acts,1973(the Act). The Adjudication Officer upheld the complaint and awarded six weeks salary. This case is linked to case UDD234.

Background

The Complainant commenced employment with the Respondent as a cargo surveyor in 2004 and in 2006 was appointed to the position of Operations Manager. He had previously worked for the Respondent for a period of time prior to 2004. He was dismissed from his employment on the 29thof March 2019.

The Court, having earlier upheld in a separate Determination on appeal the Complainant’s claim of unfair dismissal UD/22/20 must now consider the Complainant’s claim in respect of minimum notice.

The Law

Section 4 states;

• (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—

  ( a) if the employee has been in the continuous service of his employer for less than two years, one week,

  ( b) if the employee has been in the continuous service of his employer for two years or more, but less than five years, two weeks,

  ( c) if the employee has been in the continuous service of his employer for five years or more, but less than ten years, four weeks,

  ( 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,

  ( e) if the employee has been in the continuous service of his employer for fifteen years or more, eight weeks

The Court determines that the complaint is well founded. The Court orders the Respondent to pay the Complainant six weeks wages (€7,961 gross) in lieu of notice.

The decision of the Adjudication Officer is varied.

The Court so Determines.

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