Complainant

Respondent

Anonymised Parties

An office manager

Manufacturing Company.

Representatives

Self

A Manager

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-00023004-001

02/11/2018

The Complainant was employed by the Respondent as an office manager from 10th October 2017 until 24th August 2018.

This complaint was received by the Workplace Relations Commission on 2nd November 2018.

The Complaint was the subject of an Adjudication Hearing on 22nd January 2019.

Since leaving employment the Complainant has sent several emails to the Respondent seeking payment for his notice period i.e. payment in lieu of the notice period. The Complainant alleges that he offered to work his notice period and further alleges that the Respondent did not honour the terms of the contract signed by both parties at the commencement of employment in October 2017.

The Complainant points out that throughout his employment with the Respondent he remained faithful and committed to the Respondent company.

The Complainant alleges that he was summarily dismissed without notice.

The Complainant was employed by the Respondent from October 2017 until August 2018 as a Maintenance Manager, he was paid weekly and provided with a company car, a phone and a weekly fuel allowance.

On 24th August 2018 after numerous discussions with the Complainant in relation to his performance, missing invoices / documentation, completed work not being invoiced and customers not receiving updates the Complainant said he was leaving his position in the company, he left immediately – the Complainant was not dismissed from employment and had every opportunity to work out his notice.

Later the same morning (24/08/2018) the Complainant emailed the Respondent requesting a letter stating his employment with the Respondent had ceased, the Respondent emailed by return a letter stating that the employment had ceased by mutual agreement which was the Respondent’s understanding at that time.

On 1st October 2018 (some 5 weeks after the resignation) the Complainant emailed the Respondent stating that he remained willing to work out his notice period in good faith which he did not state on 24th August 2018, the date he resigned with immediate effect.

The senior manager was not in the office on 1st October and when contacted by the office manager he informed the office manager that she should reply to the Complainant stating that the Respondent was happy to re-instate the Complainant into the company in order for him to work out his notice period.

The Complainant did not respond to this email.

It would appear that at times when the Respondent brought up the subject of the Complainant’s performance the Complainant would ask the question “Do you want me to leave?” Apparently, this happened on more than one occasion.

It got to the point that at on 24th August 2018, the Respondent replied, “If you want to go – just go”.

In reaching a conclusion in this instant case I believe the Complainant could have worked his notice period and chose not to do so.

The Complainant chose to leave his employment and not work the notice period. The complaint as presented is not well founded and therefore fails.

Minimum Notice & Terms of Employment Act, 1973