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TED203

FULL RECOMMENDATION
TE/18/57
DETERMINATION NO. TED203
ADJ-00007356 CA-00009793-005

SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014


PARTIES :
MOUNTRATH AMALGAMATED CEP LTD

- AND -

COLM MC NAMEE


DIVISION :

Chairman: Ms O'Donnell
Employer Member: Ms Connolly
Worker Member: Ms Treacy
SUBJECT:
1. Appeal of Adjudication Officer Decision No. ADJ-00007356.


BACKGROUND:

2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8(1) of the Terms of Employment (Information) Act 1994 to 2014. A Labour Court hearing took place on 27 November, 2019.

The following is the Determination of the Court:

DETERMINATION :

This is an appeal by Colm McNamee (the Complainant) against an Adjudication Officer’s Decision ADJ-00007356 given under the Terms of Employment (Information) Act 1994 (the Act) in a claim that Mountrath Amalgamated CEP(the Respondent) were in breach of the Act. The Adjudication officer held that the complaint was out of time.

Determination

This is an appeal by Colm McNamee (the Complainant) against an Adjudication Officer’s Decision ADJ-00007356 given under the Terms of Employment (Information) Act 1994 (the Act) in a claim that Mountrath Amalgamated CEP (the Respondent) were in breach of the Act. The Adjudication officer held that the complaint was out of time.


Background

The Complainant was employed with the Respondent as a Community Employment Scheme Supervisor from June 2006. His employment terminated on the 12th October 2017. The Complainant lodged a claim under the Act with the WRC on the 18th February 2017. The cognisable period for the purpose of the Act is 19th September 2016 to the 18th February 2017.

Complainant’s case

The Complainant was unable to identify a breach of the Act within the cognisable period.

Determination

The Court Determines that the complaint was misconceived and therefore must fail.

The appeal fails. The Decision of the Adjudication Officer is upheld.

The Court so decides.




Signed on behalf of the Labour Court



Louise O'Donnell
CO'R ______________________
16 January 2020 Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Clodagh O'Reilly, Court Secretary.