ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014438
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-00018805-001 | 30/04/2018 |
Date of Adjudication Hearing: 16/08/2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 by the Respondent from 26th June 2017 until the employment terminated on 13th April 2018. The Complainant was paid £18.89 an hour and he worked 39 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 30th April 2018 alleging the Respondent had breached the Act in that he had not been paid his minimum notice on termination of the employment.
SUMMARY OF COMPLAINANT’S POSITION,
The Complainant stated that he was dismissed without notice by the Respondent but was not paid his one week’s minimum notice on termination of his employment. He stated he wrote to the Respondent in relation to this but there was no response.
SUMMARY OF RESPONDENT’S POSITION.
The Respondent stated at the Hearing there was a mutually agreed position by both parties to terminate the employment. There was no written agreement between the Parties and no evidence presented by the Respondent to support this.
FINDINGS AND CONSLUSIONS.
There was a conflict of evidence between the Parties at the Hearing with the Respondent stating there was an agreement between the Parties to terminate the employment with the Complainant disputing this. There was no evidence presented to support the Respondent’s position.
DECISION.
In accordance with Section 41(5) of the Workplace Relations Act, 2015 and in light of the submission from both Parties I declare the complaint is well founded. I direct the Respondent to pay the Complainant one weeks wages of £736.71, subject to any lawful deductions, being one weeks minimum notice the Complainant is entitled to on termination of his employment. This to be paid to the Complainant within 42 days of the date of this Decision.
Dated: 17/10/2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Minimum Notice – Respondent directed to pay one week’s notice of £736.71 within 42 days of the date of this Decision. |