LCR22591

1. Appeal of Adjudication Officer Decision No(s) ADJ-00031261, CA-00041664-004.

BACKGROUND:

2. The Employer appealed the Adjudication Officer's Decision under Section 13 of the Industrial Relations Act 1969 on the 3 March 2022. A Labour Court hearing took place in a virtual setting on 3 May 2022.

DECISION :

This is an appeal by Alfa Omega Construction Ltd against an Adjudication Officer’s Decision ADJ-00031261 given under the Industrial relations Acts in a claim by Emil Wyrebiak that he did not receive fair procedures when his employment was terminated. The Adjudication Officer found that the claim was well founded and awarded compensation of €200.

In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Emil Wyrebiak is referred to as the Complainant and Alfa Omega Construction Ltd are referred to as the Respondent.

Background

The Complainant was employed as a fitter with the Respondent from the 1st November 2020 until the 18th December 2020. The parties knew each other prior to the commencement of the employment relationship.

Complainant’s case

The Complainant informed the Court that he had been paid all outstanding money and would not be in attendance at the Court hearing.

Respondent’s case.

The Respondent submitted that the Complainant told him on the phone that he was leaving the company and that he emailed back reflecting what the Complainant had said.

Determination

The Court notes the Complainants submission that this issue has been resolved and that he is no longer in dispute with this employer. The appeal succeeds. The Decision of the Adjudication Officer is set aside.

The Court so determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
TH	______________________
19 May 2022	Deputy Chairman