Complainant

Respondent

Anonymised Parties

A Former Employee

A Toy Retailer

Representatives

Stephen Brady

Daniel Kelleher BL, instructed by Felton McKnight 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-00030691-001

02/09/2019

The claimant started working for the respondent on 18 November 2013. He submits that he was not paid the correct notice period. The respondent accepts the complainant did not receive the correct notice payment.

CA-00030691-001

The complainant submits that he started working for the respondent from 19 November 2013 and is therefore entitled to receive payment of four weeks’ notice under the legislation. He was paid two weeks notice.

CA-00030691-001

The respondent accepts that the complainant was paid two weeks notice and should have been paid four weeks notice.

CA-00030691-001

This is a complaint under section 11 of the Minimum Notice & Terms of Employment Act, 1973. Section 4 of the Act 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 complainant was paid two weeks in accordance with subsection (b). Her claim is that, taking into account a period before she was paid when she worked unpaid, she had over five years’ service and should have received four weeks in accordance with sub section (c). The Act defines an employee as:

“an individual who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or otherwise, and cognate expressions shall be construed accordingly”.

The complainant started work for the respondent on 19 November 2013 and was made redundant on 21 February 2019. He therefore had over 5 years service and was entitled to receive 4 weeks paid notice. He was only paid two weeks notice.

For the reasons given above I find the claim is well founded and award the complainant two weeks pay; €1,154.

Minimum pay entitlement