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MND223
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FULL RECOMMENDATION
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MN/19/42
ADJ-00018556 CA-00025251-001
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DETERMINATION NO. MND223
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MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
PARTIES :
BOOTS RETAIL IRELAND LTD BOOTS RETAIL IRELAND
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
MARGARET COLEMAN
(REPRESENTED BY MANDATE TRADE UNION)
DIVISION :
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Chairman:
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Ms O'Donnell
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Employer Member:
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Ms Doyle
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Worker Member:
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Mr Hall
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SUBJECT:
1. Appeal Of Adjudication Officer Decision No ADJ-00018556.
BACKGROUND:
2. The Complainant commenced employment with the Respondent as a customer assistant in September 2014. In 2016 she was appointed to the position of beauty advisor. The Complainant was dismissed on the 17th October 2018 and did not receive any notice payment.
DETERMINATION :
This case is linked to UD/19/189 where the Court has determined that the decision to dismiss for gross misconduct was unfair. Therefore, the Complainant is entitled in accordance with the Act to two weeks paid notice. The information supplied to the Court indicates that the Complainant was in receipt of an annual salary of €26,882 and is therefore due €1,033.92 being two weeks’ notice pay.
The appeal succeeds. The Decision of the Adjudication Officer is overturned.
The Court so determines.
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Signed on behalf of the Labour Court
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Louise O'Donnell
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SL
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______________________
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25 January 2022
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Deputy Chairman
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NOTE
Enquiries concerning this Determination should be addressed to Shane Lyons, Court Secretary.
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