MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
(REPRESENTED BY MARY PAULA GUINNESS BL
INSTRUCTED BY S. BARTELS & CO.)
- AND -
TRANSDEV IRELAND LIMITED
(REPRESENTED BY MR MARCUS DOWLING BL
INSTRUCTED BY BYRNE WALLACE)
Chairman: Mr Haugh
Employer Member: Ms Doyle
Worker Member: Mr Hall
1. Appeal Of Adjudication Officer Decision No. ADJ-00012790.
2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 28 September 2018. A Labour Court hearing took place on 9 May 2019. The following is the Determination of the Court:
This is appeal by Mr Michael Caplis (‘the Complainant’) against a decision of an Adjudication Officer (ADJ-00012790/CA-0001685-002, dated 20 August 2019) under the Minimum Notice and Terms of Employment Act 1973 (‘the 1973 Act’). The Complainant’s Notice of appeal was received by the Court on 28 September 2018. The Court heard the appeal in Dublin on 9 May 2019.
Transdev Ireland Limited (‘the Respondent’) operates the Luas light rail network in the Dublin area. The Complainant was employed by the Respondent (or its predecessor) as a Luas tram driver from May 2005 until his summary dismissal on 17 August 2017. The Complainant had over twelve years’ continuous service with the Respondent and had, therefore, accrued an entitlement to six weeks’ notice pursuant to section 4 of the 1973 Act, otherwise than in circumstances where summary dismissal was justified.
The Complainant’s appeal under the Unfair Dismissals Act 1977 (UD/18/213) was heard in conjunction with the within appeal. The Court, in upholding the Complainant’s appeal under that Act, found that summary dismissal was not a reasonable response open to a reasonable employer in the circumstances of that case and ordered the Complainant’s re-engagement as a Luas tram driver, with effect from the date of that Determination, with the period between the date of his purported dismissal on 17 August 2017 and the date of his re-engagement treated as a period of unpaid suspension.
It follows that the complaint under the 1973 Act is rendered moot and, accordingly, the Court makes no award to the Complainant under the 1973 Act. Nevertheless, the decision of the Adjudication Officer is set aside for the reasons already outlined above.
The Court so determines.
Signed on behalf of the Labour Court
1 July 2019Deputy Chairman
Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.