Case Number: UDD2023. Labour Court

• Judgment Date: 01 August 2020
• Docket Number: UDD2023
• Court: Labour Court (Ireland)

FULL RECOMMENDATION; UD/19/96; ADJ-00012963 CA-00017082-001 DETERMINATION NO. UDD2023 ; 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 : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Tanham ; SUBJECT : 1. Appeal of Adjudication Officer Decision No(s) ADJ-00012963 CA-00017082-001.; BACKGROUND : 2. The Worker appealed the decision of the Adjudication Officer to the Labour Court in accordance with Section 9(1) of the Unfair Dismissals Act, 1977 to 2015 on the 3 May 2019. A Labour Court hearing took place on the 5 August 2020. The following is the Determination of the Court : DETERMINATION : This is an appeal by Wasim Haskiya (the Appellant) against the Decision of an Adjudication Officer given under the Unfair Dismissals Act, 1977 (the Act) in a dispute with Keelings Retail UC (the Respondent). The Adjudication Officer decided that a ‘Terms of Settlement’ agreement reached between the parties upon the termination of the Appellant’s employment amounted to a waiver entered into by the Appellant such that that he had accepted terms in full and final settlement of all claims against the Respondent and waived his rights under employment legislation specified in the agreement. The Act was identified in the agreement as legislation in respect of which the Appellant waived his rights. 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: 13.— A provision in an agreement (whether a contract of employment or not and whether made before or after the commencement of this Act) shall be void in so far as it purports to exclude or limit the application of, or is inconsistent with, any provision of this Act. Undisputed background 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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