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FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : MACE TECHNOLOGY IRE LTD
(REPRESENTED BY MS. LAUREN TENNYSON B.L. INSTRUCTED BY BEAUCHAMPS) - AND - VASILE BUZA DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Treacy |
1. Appeal of Adjudication Officer Decision No(S) ADJ-00015771, ADJ-00016552.
BACKGROUND:
2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 20 February 2019 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2014. A Labour Court hearing took place on 29 October 2019 . The following is the Decision of the Court:-
DETERMINATION :
This matter comes before the Court as an appeal of a decision of an Adjudication Officer by Vasile Buza (the Appellant) in in his complaint against Mace Technology (Ireland) Limited (the Respondent) made under the Terms of Employment (Information) Act, 1994 (the Act).
The Adjudication Officer decided that the Respondent was not the employer of the Appellant within the meaning of the Act and decided that the complaint was not well founded.
The hearing of the Court
It became clear at the Court’s hearing that the Appellant had made a complaint against another entity under the Act on the same set of facts which underlie the within complaint.
It was common case at the hearing of the Court that the Respondent was not, at the material time or at any other time, the employer of the Appellant within the meaning of the Act.
Against this background the Court concludes that the within appeal cannot succeed.
Decision
The Court determines that the within appeal must fail and the decision of the adjudication officer is affirmed.
The Court so determines.
Signed on behalf of the Labour Court
Kevin Foley
TH ______________________
31 October 2019 Chairman
NOTE
Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.