SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2012
IDRINK DISTRIBUTION LTD
- AND -
Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms O'Donnell
1. Appeal of Adjudication Officer's Decision.
2. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8(1) of the Terms of Employment (Information) Acts, 1994 to 2012. A Labour Court hearing took place on 4th January, 2017. The following is the Determination of the Court:
This matter came before the Court by way of an appeal of a decision made by an Adjudication Officer in a complaint made by Tomas Bunokas (the appellant) against his former employer iDrink Distribution Limited (the Respondent) under the Terms of Employment (Information) Act, 1994 (the Act).
The Respondent did not, for stated reasons, attend the hearing of the Court.
The Appellant contended that, notwithstanding his Written Statement of Terms of Employment stating that he was entitled to a month’s notice on termination of his employment, he received no notice upon termination on 22ndFebruary 2016.
The Court accepts that the notice given to the Appellant was not in accordance with that provided for inhis Written Statement of Terms of Employment. Failure to implement a provision of the Appellant’s Written Statement of Terms of Employment is not however a contravention of the Act at Section 3,4,5 or 6. Complaints to an Adjudication Officer under the Act at Section 7 may only be made in relation to alleged contraventions of the Act at Section 3,4,5 or 6. Consequently the appeal fails. The decision of the Adjudication Officer is affirmed.
The Court so determines.
Signed on behalf of the Labour Court
23rd January 2017______________________
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.