FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : MOTOR SERVICES LIMITED T/A MSL BALLSBRIDGE MOTORS (REPRESENTED BY M.P. GUINNESS, B.L., INSTRUCTED BY WHITNEY MOORE, SOLICITORS) - AND - GEOFFREY DUNNE (REPRESENTED BY MILEY & MILEY, SOLICITORS) DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Appeal of Adjudication Officer Decision No: ADJ-00000981
BACKGROUND:
2. This is an appeal of a 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 the 10th of May, 2018. The following is the Determination of the Court:-
DETERMINATION:
This matter came before the Court by way of an appeal brought on behalf of Motor Services Limited T/A MSL Ballsbridge Motors (‘the Appellant’) against a decision of an Adjudication Officer (ADJ-00000981, dated 23 October 2017) under the Terms of Employment Information Act 1994 (‘the Act’). The Adjudication Offer held that Mr Dunne’s (‘the Complainant’) complaint under the Act that he had not been notified in writing of changes to his holiday entitlements was well-founded and awarded him compensation of €4,000.00 under the Act.
The Appellant’s Notice of Appeal against that decision was received by the Court on 1 December 2017. The Court heard the appeal in Dublin on 10 May 2018. As the appeal before this Court is a de novo hearing of the case, the burden of proof under the Act rests on the Complainant. However, the Complainant offered no evidence to the Court in support of his complaint under the Act.
In all the circumstances, therefore, the Court finds the complaint under the Act is not well-founded and sets aside the decision of the Adjudication Officer.
The Court so determines.
Signed on behalf of the Labour Court
Alan Haugh
25 May 2018______________________
THDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.