ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00010941

Complaint(s):

ActComplaint/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-00014892-001 09/10/2017   Date of Adjudication Hearing: 13/12/2017 Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and the abovementioned 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).  

Background:

The complainant was employed as a roofer from January 2001 until he was made redundant on the 8th of February 2017. He was paid €650 per week and worked 39 hours per week. The date of receipt of notice and the termination date are one and the same. The parties were notified of the time, date and venue set for the hearing.

Summary of Complainant’s Case:

The complainant submits that he is entitled to be paid his statutory minimum notice in the abovementioned circumstances.  

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.   The complaint is well founded and I hereby require that the respondent pay the complainant his statutory entitlement to minimum notice in line with the statutory provision in the amount of €3,900 (say three thousand nine hundred euro).  

Dated:   09/02/2018

Workplace Relations Commission Adjudication Officer: Michael Hayes