MND2110

FULL RECOMMENDATION

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

PARTIES :

FLANNERYS BAR LTD, FLANNERYS BAR GLASHEEN LTD.
REPRESENTED BY BDM BOYLAN SOLICITORS

- AND -

MR FREDERICK KIDNEY

DIVISION :

SUBJECT:

1. Appeal of Adjudication Officer Decision No(s) ADJ-00021483 CA-00027723-010/-11/012.

BACKGROUND:

2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 25 November 2019. A Labour Court hearing took place on the 2 November 2021. The following is the Determination of the Court:

DETERMINATION :

This is an appeal by Frederick Kidney (the Complainant) against the Adjudication Officer’s Decision ADJ-00021483 in his complaint of Unfair Dismissal against his previous employer Flannery’s Bar Ltd (the Respondent). The complaint was made pursuant to Minimum Notice and Terms of Employment Acts 1973-2015 (the Act) The Adjudication Officer found that the complaint was not well-founded.

Background

The Complainant was employed with the Respondent as a Part-time Chef at the Respondent’s business from 9th May 2018 to the 14^th March 2019. The Complainant lodged this complaint along with a number of other claims with the WRC on the 12^th April 2019.

Decision

The Court in a linked case CD/19/389 has decided that the Complainant was not dismissed by the Employer and therefore the issue of payment of minimum notice does not arise. The decision of the Adjudication Officer is upheld.

The Court so determines.

NOTE

Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.