MND212

1. Appeal of Adjudication Officer Decision No. ADJ-00016229, CA-00019664-002

BACKGROUND:

2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 13 November 2019 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 09 December 2020. The following is the Determination of the Court:

DETERMINATION :

This is an appeal by Mr Philip Goring against the decision of the Adjudication Officer, ADJ-00016229, CA-00019664-002 in a claim under the Minimum Notice and Terms of Employment Act 1973 – 2005.

For ease of reference the parties are given the same designations as they had at first instance. Hence Mr Philip Goring will be referred to as “the Complainant” and Becton Dickinson Penel Limited will be referred to as “the Respondent”.

The Adjudication Officer held that the Complainant’s complaint was out of time and therefore found that it was statute barred.

The Adjudication Officer heard the case on 20th June 2019 and his Decision was dated 15th October 2019. The Complainant appealed the WRC Decision on 12th November 2019.

Position of the Parties at the Court Hearing on 9th December 2020.

Ms Lorna Lynch, B.L., instructed by A & L Goodbody Solicitors, on behalf of the Respondent informed the Court at the hearing of the appeal before the Court on 9th December 2020 that the Complainant had been paid 2 weeks’ pay in lieu of notice and it fully accepted that he was entitled to be paid a further 6 weeks’ pay in lieu of notice. The Respondent told the Court that the outstanding monies would be paid to him without delay.

Mr Pat O’Donoghue, B.L., SIPTU on behalf of the Complainant accepted that with this commitment from the Respondent, the claim before the Court was resolved.

Determination

On the basis of the commitment given by the Respondent as outlined above the Court is satisfied that the matter before the Court is resolved and the Court has no further role to play in the matter.

The Court so Determines.

	Signed on behalf of the Labour Court
	Caroline Jenkinson
OC	______________________
22 January 2021	Deputy Chairman