Complainant

Respondent

Anonymised Parties

Kitchen helper / barista

A coffee shop

Representatives

Self

Management.

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-00030590-001

01/09/2019

The Complainant commenced employment with the Respondent on 17/04/2019 and worked for the respondent until 23/08/2019. She was employed as a kitchen helper / barista. The working hours were rostered each week and averaged approximately 35 hours per week at an hourly rate of pay of €10.

This complaint was received by the Workplace Relations Commission on 1st September 2019.

The Complainant commenced employment on 17th April 2019. On 23rd August 2019 the Respondent decided to terminate the contract at the end of the Complainant’s shift on that particular day, they also told her not to work the following week even though she had received a roster for the following week.

On 24th August the Complainant contacted the Respondent by email requesting information in relation to pay in lieu of notice, she was informed that as she was on a six months probationary period she was not entitled to anything but payment for the hours worked and any holiday entitlement she had accrued to date. The Complainant accepts that she was paid for hours worked and outstanding holiday entitlement.

The Complainant sent another email to the Respondent dated 27th August 2019 requesting information in relation to payment in lieu of notice. On the same date she received a reply stating that as she was on a probationary period of employment and had refused to work during her last week of employment.

By email dated the same day the Complainant responded pointing out that she had not refused to work the hours she had been originally rostered for and pointed out that she could not work evenings due to the very short notice received and further pointed out that she was informed that there was no need for her to work her final week.

The Respondent replied stating that “as far as I know you are not entitled to any extra pay and I am by no means trying to refuse you something you are entitled to…….”

The Respondent attended the hearing and stated that as far as she was aware she had paid all entitlements to the Complainant. This was based on some advice she had received.

The advice obtained by the Respondent was not correct.

Section 4 (1) and 4(2) of the Minimum Notice and Terms of Employment Act 1973 read as follows:

4 (1) An employer shall, in order to terminate the contract of employment of an employee who has been in continuous service for a period of 13 weeks or more, give to the employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section.

4(2) The minimum notice to be given by an 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 2 years, one week………..

In this instant case the Complainant is due one week’s payment in lieu of notice. I believe the Complainant was working approximately 35 hours per week.

The complaint as presented is well found.

This payment should be made to the employee within 42 days from the date of this decision.

As outlined above.