ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005148
Complaint 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-00007224-001
27/09/2016
Venue: Ardboyne Hotel, Navan, Co. Meath.
Date of Adjudication Hearing: 16/02/2017
Workplace Relations Commission Adjudication Officer: John Walsh
Procedure:
In accordance with 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 Complainant was employed as a waitress from the 9th of November 2015 to the 30th of June 2016. She was paid at the rate of €276 per week. She alleges that the Respondent failed to pay her minimum notice entitlements when she left the organisation. She filed a complaint with the Workplace Relations Commission on the 27th of September 2016.
Complainant’s Submission:
That she decided to leave the organisation and advised the MD that she would give two weeks notice of her departure. He told her to leave the organisation immediately. She advised him that she was willing to work the two weeks but he would not allow her to do so. He failed to pay her one week minimum notice entitlement.
Respondent’s Submission:
The Respondent did not attend at the hearing.
Decision:
Section 4(2) of the Minimum Notice and Terms of Employment Act, 1973 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 5 of that Act.
Based on the uncontested evidence presented at the hearing, I find that the Complaint is well-founded.
Section 4(2) of the Minimum Notice and Terms of Employment Act, 1973 provides;
‘The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be;
(a) if an employee has been in continuous service of his employer for less than two years, one week,’
The Respondent failed to pay the Complainant 1 weeks pay in relation to her minimum notice entitlement. I order the Respondent to pay to the Complainant compensation in the sum of €276 for breaches of Section 4(2) of the Minimum Notice and Terms of Employment Act, 1973.
Dated: 15th May 2017