Anglo Beef Processors Ireland Trading as ABP Rathkeale (Represented by Alastair Purdy & Company Solicitors) v Lurie Lancu (Represented by Marius Marosan)

• Jurisdiction: Ireland
• Court: Labour Court (Ireland)
• Judgment Date: 19 July 2018
• Judgment citation (vLex): [2018] 7 JIEC 1902
• Date: 19 July 2018
• Docket Number: FULL RECOMMENDATION DETERMINATION NO. UDD1844 ADJ-00008805 CA-00011570-001

Labour Court (Ireland)

FULL RECOMMENDATION

UD/18/2

DETERMINATION NO. UDD1844

ADJ-00008805 CA-00011570-001

PARTIES:

Anglo Beef Processors Ireland Trading as ABP Rathkeale (Represented by Alastair Purdy & Co Solicitors)

and

Lurie Lancu (Represented by Marius Marosan)

DIVISION:

Chairman: Mr Hayes

Employer Member: Mr Murphy

Worker Member: Ms Tanham

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No(S) ADJ-00008805 CA-00011570-001

BACKGROUND:

2 2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8A of the Unfair Dismissals Act, 1977 to 2015 on 11 December 2017. A Labour Court hearing took place on 11 July, 2018. The following is the Determination of the Court:-

DETERMINATION:

3 This is an appeal under the Unfair Dismissals Acts 1977 – 2015 (the Acts), by Mr Iurie Iancu (the Appellant) against Adjudication Officer Decision reference ADJ-00008805 delivered on 1 November 2017.

4 The Adjudication Officer decided that Anglo Beef Processors Ireland t/a ABP Rathkeale unfairly dismissed him from his employment and awarded him compensation in the sum of “€751.92 (2 weeks salary at €9.399 per hour x 40 hours) subject to any lawful deductions, within 6 weeks of the date of this decision.”

5 The Complainant appealed against the figures used by the Adjudication Officer in the calculation of the two weeks salary on which the award is based. No other aspect of the decision has been appealed.

6 The Respondent accepted the Adjudication Officer's decision.

Complainant's Case

7 The Complainant's appeal is very narrow in scope. In short, he maintains that a week's salary for him was considerably greater than the €375.96 on which the Adjudication Officer based her award.

8 He submits that he normally worked in excess of 40 hours per week and contends that the award of two weeks' pay should be set at a level that fairly reflects his actual level of earnings in a typical two-week period rather than the 40-hour week relied on by the Adjudication Officer.

9 In support of his contention that he worked overtime he submitted P60 Certificates for the years 2013, 2014 and 2015 as set out below.

Year	Salary	Insurable Weeks Employment	Weekly Pay
2013	22,813-04	48	€475.27
2014	26,809–70	52	€515.57
2015	27,822–45	51	€545.54

10 He further submits that the average of his weekly earnings in the last...