ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016383
Parties:
| Complainant | Respondent |
Anonymised Parties | A Bar Manager | A Bar & Restaurant |
Complaint:
Act | Complaint 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-00021264-001 | 22/08/2018 |
Date of Adjudication Hearing: 14/02/2019
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
This complaint is closely associated with a complaint made by the Complainant against the same Respondent under the Unfair Dismissals Act, 1977. The other complaint is subject to report bearing reference ADJ-00016321. The complaints were heard together on the 14th February 2019 at a single adjudication hearing. Additional submission was received from the Complainant on 21st February 2019.
Background:
The Complainant initially worked in the Respondent’s Bar & Restaurant as Bar Manager from 2006 until 2014. He left of his own accord and returned on 1st June 2016. His employment was terminated on 13th June 2018. The Complainant claims that he did not receive his notice. |
Summary of Complainant’s Case:
The Complainant submits that he was summarily dismissed by the Respondent on 13th June 2018 and he did not received his notice. |
Summary of Respondent’s Case:
The Respondent argues that the Complainant was fairly dismissed for gross misconduct and therefore, not entitled to notice. |
Findings and Conclusions:
The evidence before me confirms that the Respondent dismissed the Complainant with immediate effect and without adhering to its obligations under the Minimum Notice and Terms of Employment Act, 1973. In view of my decision in respect of the dismissal of the Complainant (ADJ-00016321) I find that the Complainant was entitled to 2 weeks’ notice as per Section 4(2)(b) of the Act which states: “(2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be— (b) if the employee has been in the continuous service of his employer for two years or more, but less than five years, two weeks,” |
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.
In accordance with Section 4(2)(b) of the Minimum Notice and Terms of Employment Act, 1973 I find that the Complainant was entitled to two weeks’ notice as he had over 2 years’ but less than 5 years’ service at the time of his dismissal. In accordance with Section 12(1) of the Act I direct that the Respondent pays the Complainant compensation of €1,200. |
Dated: 16/04/19
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Minimum notice |