MND2011

1.An appeal of an Adjudication Officer's Decision No(s)ADJ-00013958 CA-00016905-012

BACKGROUND:

2.Both parties appealed the Decision of the Adjudication Officer to the Labour Court in accordance with the Redundancy Payments Acts 1967 to 2014. A Labour Court hearing took place in a virtual setting on 12 November 2020.
The following is the Determination of the Court:

DETERMINATION:

This is an appeal by Catherine Quirke (Complainant) and a cross appeal by Bidvest Noonan (Respondent) against an Adjudication Officer’s Decision given under the Minimum Notice and Terms of Employment Acts 1973-2015 (the Act). The complaint is that she did not receive payment in lieu of notice when her employment was terminated by the Respondent. The Adjudication Officer held that the claim was well founded and awarded two weeks’ pay in lieu of notice.

Background

The Court, having earlier upheld in a separate Determination on appeal the Complainant’s claim of dismissal by way of Redundancy (RPD2012) must now consider the Complainant’s claim in respect of minimum notice.

The Law

Section 4 states;

• (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,

  ( 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,

  ( c) if the employee has been in the continuous service of his employer for five years or more, but less than ten years, four weeks,

  ( d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks,

  ( e) if the employee has been in the continuous service of his employer for fifteen years or more, eight weeks

The Court determines that the complaint is well founded. The Court orders the Respondent to pay the Complainant two weeks wages in lieu of notice.

The decision of the Adjudication Officer is upheld.

The Court so Determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
DC	______________________
11 December 2020	Deputy Chairman