LCR23171

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00055482 (CA-00067628-001)

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 10th Jan 2025

in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 3rd December 2024 the Adjudication Officer issued the following Recommendation:

“The complaint is not well founded and accordingly fails”.

A Labour Court hearing took place on 11th June 2025.

RECOMMENDATION:

Factual Background

The Worker is a qualified Leisure Attendant/Gym Instructor and was employed by Mardyke Leisure (UCC) DAC (‘the Company’) on a 12-month fixed-term contract that commenced on 2 August 2021. He was, however, dismissed from his employment on 21 February 2022 but paid a month’s notice (although his contract provided for 1 week’s notice). The Worker’s rate of pay was €15.15 per hour.

The Worker was employed on a full-time basis i.e. for 30 hours per week over 5 days. It appears that he was temporarily facilitated with a shorter working week between December 2021 and March 2022 to allow him to deal with certain family and domestic issues that had arisen. It is also common case that two interactions occurred between the Worker and a named Duty Manager on 31 January 2022 and 9 February 2022 respectively that necessitated the involvement of the Human Resources Department.

At a meeting on 15 February with HR that addressed the events of 9 February, the Worker was informed that he would be required to resume working his full-time, contractual hours as the temporary arrangement in place to facilitate his domestic situation could no longer be sustained. The Worker initially accepted this decision but then sought to have his 39-hour week rostered over 4 (rather than 5) days. The Company declined to accommodate the Worker’s request and outlined in writing to him the reasons for its decision.

The Worker’s employment was subsequently terminated on the basis that he was unable to fulfil his contractual obligation to work 39 hours over a five-day week. He was not afforded a right of appeal. He was issued with a letter of termination dated 21 February 2022 which stated inter alia:

 “Dear [X]

Further to our meeting today, I regret to inform you that your employment with the Mardyke Arena UCC is terminated with immediate effect.

As stated at the meeting you are on a 12-month fixed term contract, which began on 2nd of August 2021 and is due to expire on the 31st of July 2022. However, we feel that our current working environment is not suitable for both you and us. We feel that it is now in everyone’s best interest to terminate the contract ….”

Decision

It is apparent that the Company failed to observe even the most rudimentary of fair procedures in the manner in which it terminated the Worker’s contract of employment. There were five months remaining in his contract of employment as of the date of termination and he was paid one month in lieu of notice. The Court finds that the Worker’s complaint is well-founded and recommends that the Worker be compensated for the balance of the term of his contract as follows: 16 weeks x 39 hours per week x €15.15 per hour = €9,453.60.

The Recommendation of the Adjudication Officer is set aside.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
CC	______________________
30 July 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Ceola Cronin, Court Secretary.