Penn-Plax v Emer Moran

• Jurisdiction: Ireland
• Judgment Date: 12 February 2020
• Judgment citation (vLex): [2020] 2 JIEC 1226
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.PLD201 ADJ-00014800 CA-00019323-001
• Date: 12 February 2020
• Year: 2020
• Court: Labour Court (Ireland)

PARTIES:

Penn-Plax

and

Emer Moran

FULL RECOMMENDATION

PL/19/3

DETERMINATION NO.PLD201

ADJ-00014800 CA-00019323-001

Labour Court

DIVISION:

Chairman: Mr Foley

Employer Member: Mr Marie

Worker Member: Mr McCarthy

SECTION 19 (1), PARENTAL LEAVE ACTS, 1998 AND 2006

SUBJECT:

1 1. An appeal of an Adjudication Office's Decision No(s)ADJ-00014800 CA-00019323-001

BACKGROUND:

2 2. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 19(1) of the Parental Leave Acts, 1998 and 2006. A Labour Court hearing took place on 10 January 2020. The following is the Determination of the Court:

DETERMINATION:

3 This is an appeal by Emer Moran (the Appellant) against the Decision of an Adjudication Officer in her claim against her former employer Penn Plax Incorporated (the Respondent) made under the Parental Leave Act, 1998 (the Act).

4 The complaint to the Workplace Relations Commission was made on 21 ^st May 2018. The Adjudication Officer held that the claim was not well-founded.

5 Summary position of the Appellant

6 The Appellant submitted that she had been dismissed from her employment on or about 1 ^st March 2018 in retaliation for her having taken force majeure leave under the terms of the Act.

7 She submitted that, as a result of her mother's illness, she was absent on 7 ^th February 2018. She submitted that she returned to work from the 8 ^th February 2018 to 13 ^th February 2018 and was absent from 14 ^th February onwards. She submitted that the Respondent dismissed her on 23 ^rd February 2018 giving her one week's notice.

8 When questioned by the Court the Appellant was unable to identify the dates when she availed of force majeure leave in accordance with the Act. She submitted that she was unaware of the need to notify the Respondent of her taking of force majeure leave or the obligation upon her to use a prescribed form in that regard.

9 Summary position of the Respondent.

10 The Respondent submitted that it had, in November 2017, engaged a recruitment agency to supply a general administrator on a three-month contract. The person commenced work in November 2017 but resigned two months before the completion of the contract in December 2017.

11 The Respondent engaged the same recruitment agency to recruit a person to take up the remaining two months of the contract which was for a period of two months. The recruitment agency placed the Appellant with the Respondent commencing on 14 ^th December 2017. The recruitment agency confirmed to the Appellant that the placement was for a period of two months.

12 The Appellant commenced work on 14 ^th December 2017 and the last day she attended for work was on 13 ^th February 2018. She had been absent on 7 ^th February 2018 and had been paid on that day by the Respondent. She did not attend work after 13 ^th February 2018 and the Respondent issued a letter on 23 ^rd...