UDD2426

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00041271 (CA-00052203-002)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 13 June 2023 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 13 June 2024. The following is the Decision of the Court:

DECISION:

Background to the Appeal

This is an appeal by Ms Kristene O’Regan (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00041271/ CA-00052203-002, dated 12 May 2023) under the Unfair Dismissals Act 1977 (‘the Act’). Notice of Appeal was received in the Court on 13 June 2023. The Court heard the appeal in Cork on 13 June 2024.

The Factual Background

The Complainant was employed by O’Regan Site Dumpers T/A O’Regan Plant Sales (‘the Respondent’) until her position was made redundant on 31 August 2022. Her complaint under the Act was received by the Workplace Relations Commission on 10 August 2022.

Discussion and Decision

No dismissal had yet occurred on 10 August 2022 when the Complainant referred her complaint under the Act to the Workplace Relations Commission as the Complainant’s redundancy did not take effect until 31 August 2022. If follows, therefore, that the Complainant did not have standing to pursue the within complaint. The complaint is not well-founded, the appeal fails and the decision of the Adjudication Officer is affirmed.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
CN	______________________
9th July 2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Cathal Nerney, Court Secretary.