ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003719
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00005537-001 | 27/06/2016 |
Date of Adjudication Hearing: 17/08/2016
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Attendance at Hearing:
By | Complainant | Respondent |
Parties | An Employee | An Employer |
Complainant’s Submission and Presentation:
The Complainant was employed from April 10th 2010 to June 7th 2016. When her employment was terminated she received one weeks notice and pay. She had six years service and under the Act should have received four weeks notice or pay in lieu of notice. |
Respondent’s Submission and Presentation:
The Respondent was not present at the Hearing.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. Under Section 4.2.d of the Minimum Notice & Terms of Employment Act, 1973 an employee with service of between five and ten years’ service is entitled to four weeks’ notice (or pay in lieu of notice). In this case the Complainant received one weeks’ pay which was in breach of the Act and I award the Complainant a further three weeks’ pay totalling 945 Euro to be paid within four weeks of today’s date.
Dated: 11th November 2016