The Labour Court upheld a decision that it lacked jurisdiction to hear Padraic Hanley’s unfair dismissal appeal, finding he did not have the required 12 months’ service as an employee. The determination was dated 26 June 2023.
Hanley said his job was not genuinely redundant and argued that he had been an employee before December 2019. PBR Restaurants Limited T/A Fish Shack Cafe said he became an employee only when it acquired the business in December 2019. Hanley also sought to raise a protected disclosure claim on appeal.
The Court said it could not add a protected disclosure claim that had not been raised at first instance. It found Hanley’s part ownership, management responsibilities and opportunity to profit from the business showed he was not an employee before December 2019. The Court therefore found he lacked standing to pursue the unfair dismissal complaint; the merits were not decided.