FTD211

1. Appeal of Adjudication Officer Decision NOS: ADJ-00018068 CA-00023224-003.

BACKGROUND:

2. The Employee appealed the Adjudication Officer’s Decision to the Labour Court on 1 July, 2020. A Labour Court hearing took place on 14 April, 2021. The following is the Labour Court's Determination:-



DETERMINATION :

This is an appeal by Dr Fidelma McKenna (the Complainant) against decision ADJ-00018068 of an Adjudication Officer under the Protection of Employees(Fixed-Term Work) Act 2003 (the Act). The Adjudication Officer held that she had no jurisdiction to hear the complaint. The complaint was referred to the Workplace Relations Commission on 14^th November 2018. The cognisable period for the purpose of the Act is 15^th May 2018 to 14^th November 2018.

The Complainant confirmed to the Court at the commencement of the hearing that she is on a contract of indefinite duration since 2007. On the basis that the Complainant has a contract of indefinite duration dating back to 2007 the Court does not have jurisdiction to hear the complaint.

The appeal fails the decision of the Adjudication Officer is upheld

The Court so Determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
MK	______________________
6 May 2021	Deputy Chairman