The Labour Court upheld a €4,200 statutory notice award to Raymond Morrin after his former employer, J & D O’Brien, appealed. In its determination dated 1 April 2019, the Court affirmed the Adjudication Officer’s decision and directed the company to pay Morrin the award.
Morrin worked for the company for 18 years and was earning €600 a week when his employment ended. J & D O’Brien argued that gross misconduct entitled it to dismiss him without notice. Morrin’s claim was that the company still had to meet its notice obligations after an Adjudication Officer had found his dismissal unfair.
The Court said the unfair dismissal finding had not been appealed and could not be used to avoid statutory notice obligations. It also found no clear evidence that misconduct was the operative reason for the dismissal. The Court therefore affirmed the notice decision and directed payment of €4,200.