ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019260
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales assistant | Retail shop |
Representatives | Self | None |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00025128-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
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.
Background:
The Complainant is a sales assistant. Her employment ended on the 5th of December 2018.
The Respondent wrote to the WRC but did not attend the hearing. |
Summary of Complainant’s Case:
The Complainant received an hourly rate of €9.55 per hour. Her net pay was €109.65 per fortnight.
The Complainant’s claim is that she did not receive minimum notice on the termination of her employment on the 5th of December 2018.
She explained that she was ill and unable to work for several days before the termination of her employment. She advised her manager of this. Her manager assured her that was no problem. The Complainant was not told she was required to submit a sick cert.
Eventually the Complainant was taken off the roster. The Complainant was contacted by the HR business partner and informed her contract was terminated with immediate effect. |
Summary of Respondent’s Case:
The Respondent’s case is that the Complainant was employed under a fixed term six-month contract. Her employment finished on the 5th of December 2018. Its case was that the Complainant was on uncertified sick leave from the 26th of November 2018.
On the 4th of December 2018 the Complainant told the store manager that she was moving to a new house and would not be available to work until further notice.
A decision was made to terminate her employment. |
Findings and Conclusions:
The Complainant had a copy of her contract of employment. I reviewed this. It contained the standard type notice clause.
The Complainant was adamant that she didn’t resign. Her case was that her employment was terminated by the Respondent.
The purpose of notice is for the Complainant to find alternative employment.
In this case the Respondent did not give the Complainant notice of the termination of the employment.
The contract stated that the Complainant would be paid one week’s notice at the termination of her employment. |
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.
The claim is well founded. I award the Complainant one week’s pay which amounts to a gross pay of €112.21. |
Dated: November 26th 2019
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Notice. |