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FULL RECOMMENDATION
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 PARTIES : APPLE DISTRIBUTION INTERNATIONAL LTD
(REPRESENTED BY JW O'DONOVAN SOLICITORS) - AND - MR DANILO MARCHESE (REPRESENTED BY GROSSO & MALDONADO SOLICITORS ABOGADOS AVVOCATI) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Ms Treacy |
1. An appeal of an Adjudication Officer's Decision No(s) ADJ-00013332 CA-00017562-002
BACKGROUND:
2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 9 April 2019. A Labour Court hearing took place on 2 October 2019. The following is the Court's Determination:
DETERMINATION :
This is an appeal by Danilo Marchese (hereafter the Complainant) against an Adjudication Officer’s Decision ADJ-00013332 given under the Minimum Notice and Terms of Employment Acts 1973 to 2005(the Acts) in a claim that he was owed payment for 4.15 hours from his former employer Apple Distribution International Ltd (hereafter the Respondent). The Adjudication Officer found that the complaint was not well founded.
Complainant’s case
The Complainant did not dispute the fact that he received his full legal entitlements in relation to payment in lieu of notice as set out in the Act. The Complainant wished to pursue his claim for 4.15 hours under both the Payment of Wages Act 1991 and this Act.
The Complainant’s representative could not point to the relevant section of this Act that would allow him pursue this claim.
Respondent’s case.
The Respondent has met in full their obligations under this Act in paying the Complainant four weeks pay in lieu of notice.
Determination
This claim is entirely misconceived and therefore must fail.
The decision of the Adjudication Officer is upheld
The Court so determines.
Signed on behalf of the Labour Court
Louise O'Donnell
DC ______________________
21 October 2019 Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David Campbell, Court Secretary.