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Labour Court upholds notice pay decision against Keegan Precast

By Eimear Byrne

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court dismissed Keegan Precast Ltd’s appeal and upheld the Rights Commissioner’s decision in Jurij Bondarenko’s statutory notice claim. The determination was signed on 3 May 2016.

The claim concerned Bondarenko’s minimum notice entitlement when his employment ended. Keegan Precast conceded it had made no payment for notice or in lieu of notice, and that the appeal depended on the Court’s ruling in a related unfair dismissal case.

Having found Bondarenko was unfairly dismissed in that related appeal, the Court also ruled in his favour here. It found he had been summarily dismissed and that the company’s failure to pay his statutory notice entitlement was an unlawful deduction from his wages under the Payment of Wages Act 1991.

The Court dismissed the company’s appeal, leaving the Rights Commissioner’s decision in place. The determination addresses the statutory notice entitlement but gives no euro figure for it.

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