MND1710

The Adjudication Officer, in a decision dated 7^thJuly 2016, found that the complaint under the Act failed.

The appeal to the Court was received on 17^thAugust 2016.

Position of the Appellant

The Appellant contended that upon her dismissal she was entitled to receive one week’s notice. She submitted that she had no knowledge of receipt by her of one week’s pay following 21^stJuly 2015.

Position of the Respondent

The Respondent submitted details of payments to the Appellant following 21^stJuly 2015. In particular the respondent submitted a payslip dated 25^thJuly 2015 and an electronic payslip dated 1^stAugust 2015. The Respondent submitted that those payslips demonstrated payment by the Respondent to the Appellant of one weeks wages following 21^stJuly 2015.

The Law

The Act at section 4 provides as follows:

• 4.—(1) An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section.

  (2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be—

  • (a) if the employee has been in the continuous service of his employer for less than two years, one week,

    (b) if the employee has been in the continuous service of his employer for two years or more, but less than five years, two weeks,

    (c) if the employee has been in the continuous service of his employer for five years or more, but less than ten years, four weeks,

    (d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks,

    (e) if the employee has been in the continuous service of his employer for fifteen years or more, eight weeks.

It is common case that at a meeting on 21^stJuly 2015 the Appellant was informed that she was dismissed and that she would receive payment in respect of one week’s notice. The dismissal was confirmed in writing by letter dated 22^ndJuly 2015.

The Respondent produced to the Court evidence of payment on 25^thJuly 2015 covering the period from 21^stJuly to 25^thJuly 2015. The Appellant confirmed receipt of the money involved to the Court.

The Respondent also produced evidence to the Court of a further payment on 1^stAugust covering the period up to 28^thJuly. The Appellant also confirmed receipt of this payment to the Court.

The Court accepts that the Respondent did not supply the Appellant with clear detail as regards the payment made to her on 1^stAugust 2015. Nevertheless, on the basis of the submissions of the parties and the acknowledgement of payments received by the Appellant, the Court concludes that no breach of the Act has occurred.

Determination

The Court determines that the Appellant received all notice payments due to her under the Act. The decision of the Adjudication Officer is affirmed and the appeal fails.

The Court so determines.

Signed on behalf of the Labour Court



Kevin Foley
19 December 2017.______________________
MNChairman



NOTE

Enquiries concerning this Determination should be addressed to John Deegan, Court Secretary.