MND218

1. Appeal of Adjudication Officer Decision No. ADJ-00018652 CA-00023964-002

BACKGROUND:

2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 19 September 2019 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 22 April 2021. The following is the Determination of the Court:

DETERMINATION :

Background

This is an appeal by QPark Ireland Ltd under the Minimum Notice (Terms of Employment) Act 1973.

Mr. Fitzpatrick, ‘the Complainant’, was a Parking Host for QPark Ireland Ltd. ‘the Respondent’, from November 2013 to August 2018.

The Complainant was dismissed following an investigation and disciplinary procedure for alleged gross misconduct.

The Complainant lodged claims under the Unfair Dismissals Act 1977 and the Minimum Notice (Terms of Employment) Act 1973, ‘the Act’, with the Workplace Relations Commission. An Adjudication Officer found that the Complainant had been unfairly dismissed.

It followed, therefore, that the Complainant was entitled to his minimum notice of two weeks’ pay that had not been paid and the Adjudication Officer found in favour of the Complainant on this matter and decided that an amount of €1072 was payable to the Complainant under the Act.

The Respondent appealed to this Court. The Court has upheld the decision in a related case under the Unfair Dismissals Act and the full details of the case are set out in that Determination. It follows from this that the Court also upholds the decision of the Adjudication Officer under this Act and directs that an amount of €1072 owed to the Complainant be paid to him by the Respondent.

Determination

The Decision of the Adjudication Officer is upheld.

	Signed on behalf of the Labour Court
	Tom Geraghty
OC	______________________
7 May 2021	Deputy Chairman