FULL RECOMMENDATION
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 PARTIES : MOUNTRATH AMALGAMATED CEP LIMITED - AND - COLM MC NAMEE DIVISION : Chairman: Ms O'Donnell Employer Member: Ms Connolly Worker Member: Ms Treacy |
1. Appeal of Adjudication Officer Decision No. ADJ-00012348.
BACKGROUND:
2. The Respondent appealed the decision of the Adjudication Officer to the Labour Court on 19 September 2018 in Accordance with the Minimum Notice and Terms of Employment Acts 1973 to 2005. A Labour Court hearing took place on 27 November 2019. The following is the Decision of the Court:
DETERMINATION:
This is an appeal by Mountrath Amalgamated CEP Company Limited by Guarantee against the decision of an Adjudication Officer in a claim for payment in lieu of notice on the termination of his employment brought by Mr Colm McNamee. The complaint was made pursuant to the Minimum Notice and Terms of Employment Act 1973.
The Adjudication Office found that the complaint was well-founded and awarded Mr McNamee the sum of €4,635 being six weeks’ notice.
In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Mr McNamee is referred to as the Complainant and Mountrath Amalgamated CEP Company is referred to as the Respondent.
Background
The Complainant was employed with the Respondent as a Community Employment Scheme Supervisor from June 2006. His employment was terminated by letter dated the 12thOctober 2017 with effect from that date. He was not given his statutory notice period or paid in lieu of notice. The Complainant lodged his claim with the WRC on the 25thDecember 2017. This claim is linked to claim ADE/18/77 where the Court held that he was dismissed but that the dismissal was not a discriminatory dismissal.
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
Determination
The Court determines that the Complaint is well founded. The Court orders the Respondent to pay the Complainant six weeks wages in lieu of notice being a figure of €4,635 based on the earnings notified to the Court in the earlier claim.
The decision of the Adjudication Officer is upheld.
The Court so determines.
Signed on behalf of the Labour Court
Louise O'Donnell
CO'R______________________
16 January 2020Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Clodagh O'Reilly, Court Secretary.