ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00013757

Complaint.

Date of Adjudication Hearing: 01/08/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 andfollowing 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 by the Respondent from 4th July 2017 until his employment was terminated by the Respondent on 14th January 2018. The Complainant was paid £11.00 an hour and he worked 39 hours a week. The Complainant verified he had been given a written statement of his Terms and Conditions of Employment. The Complainant referred a complaint to the Workplace Relations Commission on 9th March 2018 alleging the Respondent had breached the Minimum Notice and Terms of Employment Act, 1973 when he was not paid his minimum notice by the Respondent.

SUMMARY OF COMPLAINAN’S POSITION.

The Complainant stated that he was last employed by the Respondent and he worked up to 12th January 2018. He stated he received a phone call from the Respondent on 14th January 2018 to inform him his employment was terminated. He stated he had not been paid his minimum notice.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent did not attend the scheduled Hearing on 1st August 2018.

FINDINGS AND CONCLUSIONS.

Section 4(2) of the Act provides as follows – The minimum notice to be given by the 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.

The Complainant is entitled to payment of one week’s minimum notice on termination of his employment by his Employer.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act. On the uncontested evidence of the Complainant and in view of my Findings above and in accordance with Section 41(5) of the Workplace Relations Act, 2015, I declare this complaint is well founded. I direct the Respondent to pay the Complainant one week’s wages of £429.00 euro within 42 days of the date of this Decision.

Dated:   17/10/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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