Complainant

Respondent

Anonymised Parties

Assembly Chargehand

Engineering Company

Representatives

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00027268-001

25/03/2019

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00027268-002

25/03/2019

The Complainant submitted two claims to the WRC in respect of his employment with the Respondent – one under the Organisation of Working Time Act and the other under the Minimum Notice and Terms of Employment Act.

Complaint CA-00027268-001 under the Organisation of Working Time Act, 1997 was withdrawn at the hearing.

The Complainant submits that he was called to the office on 4^th March 2019 where he was told by the Managing Director (MD) of the Respondent company that the Respondent was not happy with his work as an assembly chargehand.

The Complainant submits that he was offered a reduction in his hourly rate from €18 per hour to €15 per hour to work as an assembler.  The Complainant maintains that he refused this offer.

The Complainant submits that the MD then told him to go home which he did.

The Complainant submits that his contract of employment provides for the payment of two weeks’ notice but that the Respondent did not pay him any notice.

The Complainant submits that he emailed the MD and sent him a letter by registered post seeking payment of his notice but that he received no response to his correspondence.

The Complainant submits that his termination date, to include a two week notice period, should be 15^th March 2019.  The Complainant submits that he should also be paid for the next working day which was St Patrick’s Day.

The Respondent submits that the Complainant was asked if he wished to work out his two weeks’ notice but he replied “No” and left the workplace.

The Respondent submits that at no stage was the Complainant refused his right to work out his notice or requested to leave immediately.  The Respondent submits that the decision in relation to notice was made solely by the Complainant.

At the hearing, the MD confirmed that he did not ask the Complainant to confirm in writing that he had refused to work out his notice.

Relevant Legislation

Section 4 of the Minimum Notice and Terms of Employment Act provides as follows:

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

(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 two years, one week.”

Findings

I am faced with a conflict between the parties’ understanding of what happened at their meeting on 4^th March 2019. The Complainant alleges that he was dismissed without notice whereas the Respondent contends that the Complainant was given the opportunity to work out his notice which he refused.

I note that the Complainant emailed the Respondent on 6^th March 2019 enquiring about payment of his notice.  I also note that the Complainant sent a registered letter to the Respondent on 8^th March 2019 seeking payment of his notice entitlement.

Furthermore, I note the Respondent’s submission that it did not seek written confirmation from the Complainant that he would not be working out his notice. 

Having carefully considered the submissions made by the parties at the hearing, I prefer the Complainant’s account of what transpired on 4^th March 2019.

I find, therefore, that this complaint is well founded.

At the hearing, both parties agreed that the Complainant’s contract provided a notice period of two weeks.

However, in rewarding redress I am constrained by the provisions of the Minimum Notice and Terms of Employment Act which provides for a notice period of one week for an employee who has been in the continuous employment of his employer for a period of between thirteen weeks and two years.

I find that this complaint is well founded. 

In line with Section 4 of Minimum Notice and Terms of Employment Act, I direct the Respondent to pay the Complainant one week’s notice of €702 gross.

Payment of notice