ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00008633
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales Manager | Electrical Supplies company |
Representatives | Self | Brian Dolan Peninsula Group Limited |
Complaint(s):
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-00011336-001 | 15/05/2017 |
Date of Adjudication Hearing: 01/12/2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed by the Respondent from the 11th of October 2005. He resigned giving two weeks’ notice to the Respondent on the 14th of October 2016. |
Summary of Complainant’s Case:
On receipt of his resignation the Respondent advised him he was being put on garden leave for four days and he was sent home. His claim is that he had given two weeks’ notice to the Respondent and that he should be entitled to work out those two weeks’ notice. The Complainant lodged his claim on the 15th of May 217 and the 21st of June 2017. His claim was that he was entitled to notice pay. |
Summary of Respondent’s Case:
The Respondent’s case is that the Complainant did not lodge his claim until the 15th May 2017. The Respondent submitted the Complainant could not show reasonable cause for the delay in lodging relevant proceedings. Without prejudice, the contract of employment provides notice for termination of one week by an employee. The Respondent’s positon was that the Complainant was paid in full to the date his employment terminated on the 21st of October 2017.
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Findings and Conclusions:
Murphy J in the High Court in Halal Meat Packers (Ballyhaunis) Ltd. –v- The Employment Appeals Tribunal held that an employee who claims constructive dismissal cannot claim minimum notice. In any event the complaint is out of time. No evidence was provided to ground an application to extend time for reasonable cause. |
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.
I have no jurisdiction to hear this case. |
Dated: 09 August 2018
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words: |