Health Service Executive v Robert Mc Gee

• Jurisdiction: Ireland
• Judgment Date: 18 October 2018
• Judgment citation (vLex): [2018] 10 JIEC 1801
• Court: Labour Court (Ireland)
• Date: 18 October 2018
• Docket Number: ADJ-00011503 CA-00015393-001,DETERMINATION NO.TED1813,FULL RECOMMENDATION

Labour Court

FULL RECOMMENDATION

TE/18/44

DETERMINATION NO.TED1813

ADJ-00011503 CA-00015393-001

PARTIES:

Health Service Executive

and

Robert Mc Gee

DIVISION:

Chairman: Mr Haugh

Employer Member: Ms Connolly

Worker Member: Ms Treacy

SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No: ADJ-00011503 CA-00015393-001.

BACKGROUND:

2 2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8(1) of the Terms of Employment (Information) Act 1994. A Labour Court hearing took place on 17th October 2018. The following is the Determination of the Court:

DETERMINATION:

Background to the Appeal

3 This matter came before the Court by way of an appeal brought by Mr Robert McGee (‘the Complainant’) against a decision of an Adjudication Officer (ADJ-000011503, dated 4 September 2018) under the Terms of Employment (Information) Act 1994 (‘the 1994 Act’). The Notice of Appeal was received by the Court on 7 September 2018. The Court heard the appeal in Dublin on 16 October 2018.

4 The substance of the Complainant's case relates to non-receipt of fortnightly payslips from his employer, the Health Service Executive (‘the Respondent’), for a lengthy period following the transfer of his employment by agreement from Our Lady of Lourdes Hospital Drogheda in 2015.

5 The Adjudication Officer held that the complaint as submitted under the 1994 Act was not well-founded.

Determination

6 The Complainant attended before the Court to pursue his appeal under the 1994 Act and was afforded the opportunity to read his written submission to the Court. The Respondent was also represented at the hearing of the appeal and provided the Court with an advance written submission setting out its position.

7 The Complainant did not raise any issue before the Court relevant to its jurisdiction under the 1994 Act. Accordingly, the Court finds that the appeal is not well-founded.

8 The decision of the Adjudication Officer, therefore, is affirmed.

9 The Court so determines.

Signed on behalf of the Labour Court

Alan Haugh

JD______________________

18 October 2018 Deputy Chairman