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Labour Court Confirms Date of Dismissal in Unfair Dismissal Complaint where Complainant was Paid in Lieu of Notice

posted 1 month ago

In Fyffes Tropical Ireland Ltd v Mr Loui Osman UDD2413, Mr Loui Osman (hereinafter “the Complainant”) appealed the decision of the Adjudication Officer (ADJ-00042768) to the Labour Court (the “Court”). The Adjudication Officer had declined jurisdiction to consider his substantive complaint because his complaint was lodged outside the statutory time limit and no grounds had been provided by the Complainant justifying an extension of time.

Preliminary Issue

The Complainant was dismissed by the Respondent on 10th March 2022. He was paid in lieu of his two-month contractual notice period. He lodged an unfair dismissal complaint with the Workplace Relations Commission (“WRC”) on 10th September 2022. The Respondent’s position was that the Complainant’s complaint was out of time (one day late). His contract of employment provided for payment in lieu of notice, and the Respondent paid the Complainant in line with the terms of his contract of employment. Payment in lieu of notice was received and accepted by the Complainant.

The Complainant’s representative argued that the Complainant’s two-month notice period should be added to his termination date for the purpose of determining the “date of dismissal” under the Unfair Dismissals Acts 1977-2015 (the “Unfair Dismissals Acts”). He referred the Labour Court to section 7(2) of the Minimum Notice and Terms of Employment Act 1973 which provides as follows:

“In any case where an employee accepts payment in lieu of notice, the date of termination of that person’s employment shall, for the purposes of the Act of 1967, be deemed to be the date on which notice, if given, would have expired.”

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