Case Number: UDD2023. Labour Court
Court | Labour Court (Ireland) |
Judgment Date | 01 August 2020 |
Docket Number | UDD2023 |
FULL RECOMMENDATION
SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015 PARTIES :
KEELINGS RETAIL UNLIMITED COMPANY
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - WASIM HASKIYA (REPRESENTED BY MIDLAND LEGAL SOLICITORS) DIVISION :
SUBJECT :
1.
Appeal of Adjudication Officer Decision No(s) ADJ-00012963 CA-00017082-001.
The Dispute The Act at Section 6(1) deems the dismissal of an employee, for the purposes of the Act, to be an unfair dismissal unless there were substantial grounds justifying the dismissal. The Respondent, at the hearing of the Court, advised the Court that the only matter in contest before the Court and consequently the only ‘defence’ of the Respondent, was the proposition that the Court lacked jurisdiction in this matter by virtue of a ‘Terms of Settlement’ agreement under the terms of which the Appellant waived his rights under the Act. In light of this submission the Court in the within appeal is required only to address the matters arising from the undisputed existence of the settlement agreement. The Court’s decision on that matter will dispose of the entire matter. The Act at Section 13 provides as follows:
The Court heard extensive submissions from the parties. The Court also heard evidence from Mr Des Ferris (a manager of the Respondent at the material time) and from the Appellant. Having considered all of this material the Court is satisfied that the relevant undisputed facts are as follows: |
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