MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
BLACKLOUGH CONSTRUCTION LIMITED
- AND -
(REPRESENTED BY MR. O'SULLIVAN B.L.
INSTRUCTED BY KENT CARTY SOLICITORS LLP)
1.Appeal of Adjudication Officer Decision No(s) ADJ-00036294 CA-00047459-01.
The Complainant commenced employment with the Respondent as a licensed Tower Crane operator on the 14thApril 2021. The Complainant states that he was dismissed without notice on the 11thOctober 2021 and is now seeking to be paid one weeks’ notice. The Complainant lodged his complaint with the WRC on the 02 December 2021. The cognisable period under the Act is 3rd June 2021 to 2ndDecember 2021.
By email of the 3rdJanuary 2023 the Court received from the Respondent’s legal representatives an application for a postponement on the basis that their client was placed in examinership and they were unable to obtain instruction. By email of the 6thJanuary 2023 the Court refused the application for adjournment noting that the Respondent went into examinership on 29thNovember 2022 and the notification of the time and date of hearing had issued on the 30thNovember 2022. No explanation for the delay in seeking a postponement had been advanced. The Court advised that the hearing would proceed as scheduled and that any further postponement request could be made at the hearing if desired.
By email of the 11thJanuary 2023 the Court was advised that the Respondent’s legal representative had come off record, that the Company was in examinership, and that they would not be attending the hearing. The letter requested that the Court notify the Respondent of the outcome of the hearing or if an adjournment was granted. No request for adjournment was made at the hearing on the 12thJanuary 2023 so the Court proceeded to hear the case.
The Court, having earlier upheld in a separate Determination on appeal the Complainant’s claim of unfair dismissal by way of penalisation (HSC/22/14) must now consider the Complainant’s claim in respect of minimum notice.
Section 4 states;
The Court determines that the complaint is well founded. The Court orders the Respondent to pay the Complainant one weeks wages (€1260 gross) in lieu of notice.
The decision of the Adjudication Officer is set aside
The Court so Determines.
Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.