| TE/23/37 ADJ-00023908 CA-00030644-001 |
DETERMINATION NO. TED2316
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SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014
PARTIES:
(REPRESENTED BY PENINSULA BUSINESS SERVICES )
- AND -
MR OLEG BITU
(REPRESENTED BY MARIUS MAROSAN)
DIVISION:
| Chairman: | Mr Foley |
| Employer Member: | Mr Marie |
| Worker Member: | Ms Tanham |
SUBJECT:
1. Appeal of Adjudication Officer Decision No(s) ADJ-00023908 CA-00030644-001.
BACKGROUND:
2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 8 May 2023 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2014. A Labour Court hearing took place on 27 October 2023. The following is the Court's Determination:
DETERMINATION:
This matter comes before the Court as an appeal by John Kenny Haulage Limited (the Respondent) against a decision made by an Adjudication Officer in the complaint of Oleg Bitu (the Complainant) made under the Terms of Employment (Information) Act, 1994.
The Adjudication Officer decided that the complaint was well founded and awarded the sum €1,832.19 in compensation.
The Hearing of the Court
The written submission of the Respondent to the Court included a written statement of the Complainant’s terms of employment which had been given to him by the Respondent.
The parties submitted that it was common case, on foot of this document, that no breach of the Act at Section 3 had occurred during the cognisable period for the within complaint which was made to the Workplace Relations Commission on 4th September 2019.
Decision
The Court decides that within complaint must fail. The Appeal succeeds and the decision of the Adjudication Officer is set aside.
The Court so decides.
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Signed on behalf of the Labour Court |
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Kevin Foley |
| CC | ______________________ |
| 01 November 2023 | Chairman |
NOTE
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.