MND248

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00034885 (CA-00054150-003)

BACKGROUND:

The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 15 April 2024 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 30 July 2024.

The following is the Decision of the Court:

DECISION:

This matter comes before the Court as an appeal by Hamilton Park Care Centre Limited Hamilton Park Care Facility (the Appellant) against a decision of an Adjudication Officer given under the Minimum Notice and Terms of Employment Acts 1973 to 2005 (the Acts) in a complaint made by John McKenna (the Complainant) that he had not received his statutory minimum notice entitlements upon the termination of his employment.

The Adjudication Officer found the complaint to be well founded and awarded the sum of €4,648.80 in compensation to the Complainant.

The Complainant did not attend the hearing of the Court.

Background

The Complainant commenced employment with the Appellant in or around November 2007 and his employment terminated on 1st July 2022.

The Complainant, in his initial complaint, claimed an entitlement to eight weeks’ notice in accordance with the provisions of the Acts. Prior to the hearing of the Court, the Complainant confirmed to the Court that he had in fact received his entitlement to notice and stated in correspondence, through his legal representative, that the Adjudication Officer had been so informed at the hearing at first instance.

At the hearing of the Court the Appellant submitted that the decision of the Adjudication Officer was an error and that the complaint had been withdrawn by the Complainant at the first instance hearing. The Appellant submitted that a correcting order had been sought from the Adjudication Officer but that no response had been received from the Workplace Relations Commission to that request.

Ms Sarah Black, HR and Payroll Manager with the Appellant, gave evidence under oath to the effect the Complainant had received his entitlement to eight weeks’ notice in the amount of €4,648.80 in his final payment from the Appellant. A payslip was provided to the Court by the Appellant and the witness set out how that payslip recorded the payment of notice in the amount stated.

Discussion and Decision

The Court accepts the uncontested evidence of the Appellant that the Complainant received his entitlement to notice on the cessation of his employment. The evidence of the Appellant was supported by correspondence received by the Court from the legal representative of the Complainant.

Accordingly, the within appeal must succeed, and the decision of the Adjudication Officer is set aside.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
SOC	______________________
1 August 2024	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Sinéad O'Connor, Court Secretary.