UDD2610

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00028170 (CA-00036164-001)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officerto the Labour Court on 31st July 2023 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 24th March 2026.

The following is the Decision of the Court:

DETERMINATION:

1. Background to the Appeal

This is an appeal by Mr. Taturu (the Complainant) against Adjudication Officer’s Decision ADJ-00028170 CA-00036164-001 given under the Unfair Dismissals Acts 1977 to 2015 (the Act’s) in a claim against Alandale Logistics (Ireland) Limited (the Respondent) that he was unfairly dismissed.  The Adjudication Officer upheld his complaint and awarded compensation of €4,000. This case is linked to WTC/23/71 and TE/23/54The complaint was lodged with the WRC on 15 May 2020, appealed to the Labour Court 28 July 2023 and a hearing was held on 24 March 2026.   At the commencement of the hearing the Respondent conceded that for the purpose of this Act they were the correct employer. They also conceded that the dismissal was unfair. The parties agreed that the only issue for the Court to consider was redress. Both parties confirmed that compensation was the appropriate form of redress.

2. Summary of Complainants submission

The Complainant with the assistance of a court appointed interpreter in his evidence to the Court stated that he was looking for a job for over a year. He identified three companies he had made contact with within three to four months of his dismissal. He confirmed that after two years he had started a new job. He stated that he was dismissed on 16 December 2019, but he could not say what his earnings were at that time.  It was his evidence that he had requested a reference and had not received one.In response to a question under cross examination from Mr Ryan BL, he acknowledged he had not submitted written proof of the jobs he applied for. It was put to him that as a cleaning supervisor he should have gotten another job quickly. It was his evidence that he could not get a job after he was let go and that he was looking for two years compensation. The Complainant was asked if he knew Mr Filip Ganon of Northway Personnel Limited the agency who had placed him with the Respondent.  It was put to him that Mr Ganon organised work for the agency and provided opportunities for work. The Complainant stated that he was not sure if he knew him.It was put to him that he was offered work by text on 5 January 2020 and on 26 November 2020. These were opportunities to mitigate his loss which he did not avail of. As this was during the pandemic there were multiple opportunities in the cleaning business.  The Complainant confirmed he received the text message in January and that he had met Mr Ganon in Lucan in January 2020, but he said Mr Ganon stated that he did not have any work. He confirmed that he did look for a reference from Mr Gannon. but he did not get the reference.  The Complainant confirmed that he was out of the country for a few weeks following his dismissal. It was put to him by Mr Ryan BL that he was out of the country for significant periods of time.   

3. Summary of Respondents submission

Mr. Ryan BL submitted on behalf of the Respondent that the Complainant’s contract was terminated on 16 December 2019. The mitigation that has been presented by the Complainant is totally inadequate and suggests a lack of effort to mitigate his loss. The Complainant was working in the cleaning sector and has extensive experience in same. Demand for workers in this sector was high from March 2020 onwards due to Covid. No submission has been made or evidence produced that the Complainant made any serious efforts to register with or seek assistance from any employment or job agency. The Complainant in response to a question under cross examination confirmed that he did know Mr. Gannon and he had met with him. He had been offered positions in named locations but did not accept them. Mr. Ryan BL opened a number of cases to the Court in support of the contention that the Complainant was obliged to make reasonable efforts to mitigate his loss and he has failed to demonstrate that he did so.

5. Discussion and Decision

It is not in dispute that the Complainant was unfairly dismissed on 16 December 2019. He was however offered alternative roles in January 2020 albeit on different sites. He did not take up these roles. His own evidence was that three to four months after his dismissal he contacted three named companies looking for work.  Other than that he could not provide any evidence of trying to mitigate his loss. He also confirmed that he was out of the country for periods during the relevant time.

Taking all of the above into account the Court finds that the award by the Adjudication Officer of €4,000 was an appropriate award.The appeal fails.

The decision of the Adjudication Officer is upheld The Court so determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
JNF	______________________
08/05/2026	Chairman

NOTE

Enquiries concerning this Determination should be in writing and addressed to Julie Nicholl-Flood, Court Secretary.