MND2215

1. Appeal Of Adjudication Officer Decision No. ADJ-00031351 CA-00041628-002


BACKGROUND:

2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 26 April 2022 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 30 November 2022. The following is the Determination of the Court:

DETERMINATION:

This is an appeal by Olwale Noah Olade O’ Noah (hereafter the Complainant) against an Adjudication Officer’s Decision ADJ-00031351 given under the Minimum Notice and Terms of Employment Acts 1973 to 2005(the Acts) in a claim against the Respondent that he was not paid his minimum notice The Adjudication Officer held that complaint is not well founded. There is a linked case UD/20/60

Background

The Complainant was dismissed for gross misconduct on the 3^rd July 2020. At time of dismissal his hourly rate was €14.67, and he worked a 35-hour week. The Complainant submits that the dismissal was unfair and that he was not given notice contrary to the Acts

Decision

This case is linked to UD/20/60 where the Court has determined that the decision to dismiss for gross misconduct was fair. The Respondent’s policies provides that no notice is payable in respect of dismissal for gross misconduct in line with section 8 of the Act. Therefore, the Complainants complaint must fail.

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
OC	______________________
13 December 2022	Deputy Chairman