Boots Retail (Ireland) Ltd (Represented by Irish Business and Employers' Confederation) v Jacqueline Doyle (Represented by Sinnott Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 05 February 2018
• Judgment citation (vLex): [2018] 2 JIEC 0503
• Court: Labour Court (Ireland)
• Date: 05 February 2018
• Docket Number: ADJ-00004081 CA-00005907-001,FULL RECOMMENDATION,DETERMINATION NO.UDD189

Labour Court (Ireland)

FULL RECOMMENDATION

UD/17/121

DETERMINATION NO.UDD189

ADJ-00004081 CA-00005907-001

PARTIES:

Boots Retail (Ireland) Limited (Represented by Irish Business and Employers' Confederation)

and

Jacqueline Doyle (Represented by Sinnott Solicitors)

DIVISION:

Chairman: Mr Haugh

Employer Member: Ms Connolly

Worker Member: Mr McCarthy

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No. ADJ-00004081.

BACKGROUND:

2 2. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8A of the Unfair Dismissals Act, 1977 to 2015. A Labour Court hearing took place on 30 January 2018. The following is the Determination of the Court:

DETERMINATION:

Background to the Appeal

3 This is an appeal brought by Jaqueline Doyle (‘the Complainant’) against a decision of an Adjudication Officer (ADJ-0004081, dated 7 July 2017) under the Unfair Dismissals Act 1977 (‘the Act’). The Adjudication Officer decided only a preliminary issue that goes to jurisdiction i.e. whether or not the Complainant had in fact been dismissed by her employer, Boots (Ireland) Limited (‘the Respondent’). The Adjudication Officer found that no dismissal within the meaning of the Act had occurred. This Court sat to consider the Complainant's appeal in Dublin on 30 January 2018, and with the consent of the parties, proceeded to hear submissions on the jurisdictional issue only, with a view to scheduling a further hearing to deal with the substantive claim should the jurisdictional point be determined in favour of the Complainant.

The Facts

4 The primary facts relevant to the jurisdictional point before the Court are not in issue between the parties. They can, therefore, be set out concisely as follows. The Complainant commenced employment with the Respondent in April 1997. She is currently in the Respondent's employment. She has held a number of different positons at different stages of her career with the Respondent. In the period immediately prior to the events that gave rise to the within proceedings, the Complainant's title was Assistant Store Manager. In 2016, the Complainant was the subject of disciplinary proceedings which culminated in a decision by the Respondent dated 6 April 2016 to demote her from the position of Assistant Store Manager to Customer Assistant with a consequent reduction in her annual salary from €43,943.46 to €25,057.50. The Complainant unsuccessfully pursued an internal appeal against that disciplinary...