ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00005410
Parties:
| Complainant | Respondent |
Anonymised Parties | A Retail Worker | A Retail Outlet |
Complaint:
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-00007621-002 | 14/10/2016 |
Date of Adjudication Hearing: 11/04/2017
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 11 of the Minimum Notice & Terms of Employment Act 1973, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complaint is that the complainant did not receive her statutory minimum notice period or payment in lieu of such notice. |
Summary of Complainant’s Case:
The complainant was employed as a Deli Assistant at the respondent’s premises from 30th May 2016 to 12th July 2016. She stated that she was dismissed from her employment by the respondent without reason in an aggressive manner. She contends that she should have been given notice or paid in lieu of notice in the sum of one weeks wages. |
Summary of Respondent’s Case:
The respondent stated that there had been a small keying error in calculating the complainant’s last wages, but a cheque for €32 was sent to her and that was all that was owed to her. |
Findings and Conclusions:
The applicable law Section 4 (1) of the Minimum Notice & Terms of Employment Act 1973 provides: “4-(1) An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous employment 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”. I find that as the complainant in this instant case had not been in the continuous employment of the respondent for thirteen weeks or more, the provisions of the Act do not apply, and her complaint cannot succeed. I do not find her complaint to be well founded. |
Decision:
The complaint is not well founded.
Dated: 02 May 2017
Workplace Relations Commission Adjudication Officer: Gaye Cunningham