MND2312

Appeal of Adjudication Officer Decision No's: ADJ-00043067 (CA-00053852-002)

BACKGROUND:

The worker appealed the decision of the Adjudication Officer to the Labour Court in accordance with the Minimum Notice and Terms of Employment Acts 1973 to 2005. A Labour Court hearing took place on 31 October 2023. The following is the Decision of the Court -

DECISION:

This is an appeal by Valentin Arghiropol (hereafter the Complainant) against an Adjudication Officer’s Decision ADJ-00043067 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 Michael Dixon International Transport 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 as a domestic truck driver in 2018. The Complainant looked for time off work to return home to Romania to purchase a car. When he returned, he was informed that the Respondent had no work for him at that time.  The Complainant alleged that he was unfairly dismissed. The Respondent denies the Complainant was dismissed. The Court in linked case UD/23/98 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 decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
DC	______________________
20/11/23	Deputy Chairman