MND237

1. Appeal of Adjudication Officer Decision No(s)ADJ-00034567, CA-00045500-002

BACKGROUND:

2. The Employer 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 9 May 2023. The following is the Decision of the Court:-

DETERMINATION:

This matter comes before the Court as an appeal by Mc Guire Haulage Limited (the Appellant) against a decision of an Adjudication Officer given under the Minimum Notice and Terms of Employment Acts 1973 to 2005 (the Acts) in a complaint made by Desmond O’ Farrell (the Complainant) that he had not received his statutory minimum notice entitlements upon the termination of his employment.

The Adjudication Officer found the complaint to be well founded and awarded the sum of €5,440 in favour of the Complainant.

Background

The Complainant commenced employment with the Appellant in or around January 1996 and resigned his employment on 31st July 2021.

The Complainant contended that the behaviour of the Appellant was so unreasonable as to leave him with no alternative but to resign his employment, in circumstances which he contended amounted to a constructive dismissal.

The Complainant claims an entitlement to eight weeks’ notice in accordance with the Acts.

The Appellant denies that the Complainant was dismissed, either constructively or at all, and contends that the Complainant voluntarily resigned from his employment.

This Minimum Notice appeal is linked to an appeal under the Unfair Dismissals Acts 1977 to 2015 (ref.: UD/22/140) within which the Court found that the Complainant was unfairly dismissed by way of constructive dismissal.

Discussion and Decision

It is not disputed that the Complainant resigned from his employment on 31st July 2021.

The High Court in Halal Meat Packers (Ballyhaunis) Ltd v Employment Appeals Tribunal and Eamonn Neary [1990] I.L.R.M 293 found that an employee who has resigned from their employment in circumstances of a constructive dismissal cannot succeed in a claim for minimum notice.

In setting aside a decision of the Employment Appeals Tribunal under the Minimum Notice and Terms of Employment Acts, Murphy J. stated:

• “There is, however, one aspect of the decision of the Tribunal which is clearly incorrect and that was the part under which £716.68 was directed to be paid under the Minimum Notice and Terms of Employment Act 1973. This being a case of constructive dismissal, as is clear from the determination of the Tribunal, the question of minimum notice could not have arisen.”

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
CC	______________________
11 July 2023	Chairman