UDD2038

1. Appeal of Adjudication Officer Decision no. ADJ-00023901 CA-00030334-002

BACKGROUND:

2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court on 13 March 2020 in accordance with Section 8 A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 2 December 2020. The following is the Determination of the Court.

DETERMINATION :

Background

M. Byrne, ‘the Complainant’, worked for the Fitzwilliam Hotel which is owned by Ampleforth Limited, ‘the Respondent’, from 21 May 2018 to 3 May 2019. He was dismissed on the latter date.

The Complainant lodged a claim under the Unfair Dismissals Acts 1977 to 2015, ‘the Acts’, with the Workplace Relations Commission.

An Adjudication Officer decided that, as the Complainant did not have the 12 months’ employment with the Respondent that is required by the Acts, the claim must fail.

The Complainant appealed to this Court.

The applicable law.

Unfair Dismissals Acts 1977 to 2015

Exclusions.

2.— (1) Except in so far as any provision of this Act otherwise provides, this Act shall not apply in relation to any of the following persons:

( a) an employee (other than a person referred to in section 4 of this Act) who is dismissed, who, at the date of his dismissal, had less than one year’s continuous service with the employer who dismissed him

Determination

The Court does not have jurisdiction to deal with this case, in light of the section of the Acts set out above. The Court so determines.

The Decision of the Adjudication Officer is upheld.

	Signed on behalf of the Labour Court
	Tom Geraghty
H.M.	______________________
18.12.2020	Deputy Chairman