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FULL RECOMMENDATION
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MN/21/12
ADJ-00026366, CA-00034799-003
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DETERMINATION NO. MND226
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MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
PARTIES :
MCGUIRE HAULAGE LIMITED
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES IRELAND)
- AND -
MR TOM KELLY
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
DIVISION :
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Chairman:
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Ms O'Donnell
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Employer Member:
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Mr Murphy
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Worker Member:
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Ms Tanham
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SUBJECT:
1. Appeal of Adjudication Officer Decision No(s) ADJ-00026366, CA-00034799-003
BACKGROUND:
2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 23 August 2021 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 24 February 2022. The following is the Determination of the Court:
DETERMINATION :
This is an appeal by Tom Kelly (hereafter the Complainant) against an Adjudication Officer’s Decision ADJ-00026366 given under the Minimum notice and Terms of Employment Act 1973 (the Act) in a claim that he was not paid his contractual notice by McGuire Haulage Ltd (hereafter the Respondent). The Adjudication officer dismissed the claim on the basis that it was not well founded.
Background
The Complainant commenced employment with the Respondent on the 21/10/2015 and resigned on the 12th February 2020. The Complainant submits that he had no option but to resign and is therefore claiming constructive dismissal. The Respondent denies the Complainant was dismissed. The Court in linked case UD/21/55 found that the Complainant’s employment did not come an end by way of dismissal therefore no notice pay, falls due.
The Appeal fails. The decision of the Adjudication Officer is upheld
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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DC
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______________________
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22 March 2022
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Deputy Chairman
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NOTE
Enquiries concerning this Determination should be addressed to David Campbell, Court Secretary.
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