Complainant

Respondent

Anonymised Parties

Administrator

Administrative and support services

Representatives

Peter Quigley Peter Quigley & Company Solicitors

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-00029474-001

04/07/2019

The Complainant made a complaint to the Workplace Relations Commission against her employer (the respondent). She alleges that the respondent did not pay her as per Section 4 of the Minimum Notice Act of 1973. The respondent did not attend the hearing held on the 26 of November 2019.

Having been satisfied that the proper and appropriate notice had been provided to the respondent the hearing proceeded in the absence of the respondent. The case was referred to me by the Director General of the Workplace Relations Commission to inquire into and give the parties an opportunity to be heard.

In the absence of the respondent, I invited the complainant’s representative to state the claim on her behalf. I conducted the oral hearing and received documentary evidence submitted by the claimant.

A supplementary submission was received from the claimant’s representative on the 26th of November 2019. This submission was provided to the respondent for observation and comment.

The respondent operates an administrative and support service.

The complainant was employed by the respondent as an administrator commencing on the 23rd of January 2017.

The claimant receives a letter dated 12th January 2019 terminating her employment as and from the 31st December 2018. (Copy of letter submitted as evidence.)

The claimant submits that the company closed on the 23rd of December 2018 for annual leave and was due to reopen on Monday the 14th of January 2019. The claimant submits that she did not receive minimum notice as per the terms of her contract.

The contract made provision for 4 weeks’ notice of termination of employment should the post of administrator be dissolved. The contract of employment was submitted in evidence at the hearing on the 26th of November 2019.

The respondent did not attend the hearing on 26th of November 2019, nor did they submit any observations or comment on the relevant documentation provided to them.

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

I have considered all the evidence adduced in the hearing, both written and verbal. In addition, to the supplementary submission from the claimant’s representative on the 26th of November 2019.

In evidence the claimant confirmed that the company closed on the 23rd of December 2018 for annual leave and was due to reopen on the 14th of January 2019.

Section 4(2) of the Minimum Notice Act and Terms of Employment Act, 1973 states:

(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.

I have found the complainant to be a reliable witness and her evidence was uncontested.

Having considered all the evidence and having considered the referral under Section 11 of the Minimum Notice and Terms of Employment Act, 1973, I find that the claimant was not given notice in accordance with Section 4. (2)(a) of the Act.

The claimant is entitled to 1 weeks’ notice in accordance with the act and I order the respondent to pay the claimant the sum of €336.98 gross which is the equivalent of 1 weeks pay, her statutory entitlement.

“Minimum Notice”