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MND222

FULL RECOMMENDATION

MN/20/17

ADJ-00023533 CA-00030127-002

DETERMINATION NO. MND222


MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

PARTIES :

SIG TRADING (IRELAND) LIMITED SIG IRELAND
(REPRESENTED BY IBEC)

- AND -

MR JAMES MORRIS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

Chairman:

Ms O'Donnell

Employer Member:

Ms Doyle

Worker Member:

Ms Tanham

SUBJECT:

1. Appeal Of Adjudication Officer Decision No. ADJ-00023533 CA-00030127-002

BACKGROUND:

2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 3 April 2020 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 17 November 2021. The following is the Determination of the Court:

DETERMINATION :

This is an appeal by Mr James Morris (the Complainant) against Adjudication Officer’s Decision ADJ-00023533 given under the Minimum Notice and Terms of Employment Act 1973 (the Act) in a claim against his previous employer Sig Trading (Ireland) Limited (the Respondent) that he was not paid his notice entitlement. The Adjudication Officer held that his complaint failed as he was dismissed on grounds of gross misconduct.

Background

The Complainant commenced employment with the Respondent as a driver in August 1999. Following a bike accident in 2016, he was absent on sick leave for a period of time. He returned to work mid-2017 and was assigned to warehouse duties.

In March 2018 he went on sick leave, he was certified fit to resume work by the Respondent’s Occupational Health practitioner and resumed work in early 2019. On the 18th February 2019, he was selected for a random drug and alcohol test which he failed and was subsequently dismissed without notice. The Complainant submits that he was entitled to be paid in lieu of notice.

Decision

This case is linked to UD/20/61 where the Court has determined that the decision to dismiss for gross misconduct was not unfair, therefore no entitlement to paid notice arises.

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

______________________

18 January 2022

Deputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to Orla Collender, Court Secretary.