ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00018066
Parties:
| Complainant | Respondent |
Anonymised Parties | A Research Analyst | A Financial Service Company |
Representatives |
| Eversheds-Sutherland, Solicitors. |
Complaints:
Act | Complaint 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-00023343-001 | 19/11/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00023343-002 | 19/11/2018 |
Date of Adjudication Hearing: 23/01/2019
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Summary of Complainant’s Case:
The complainant makes two complaints; the first relates to the payment of notice on the termination of her employment, and the second is a claim for the payment of a bonus which she says is due. She handed in her resignation on October 30th 2018 and proposed a date for final termination of her employment of December 31st. However, the company brought forward this termination date and she left on November 11th. She says that she is also entitled to be paid her end of year bonus. |
Summary of Respondent’s Case:
The respondent says that it fully complied with the requirements in respect of the complainant’s entitlement to notice. When she initially submitted her resignation, the company met her to better understand the reasons for it but also to ask her to reconsider it. It was agreed that there would be a two-week deferral period before the resignation would become effective, but if she did decide to proceed the effective date of the resignation would be October 30th Initially the respondent was aggregable to allow the complainant to work to the deferred termination date of December 31st as it had need of her services. However, because of a number of conditions she imposed on how she would work in the extended notice period and which could not be resolved, the respondent activated the October 30th date and her employment terminated on November 11th. A notice payment up to November 30th was paid so she was paid in full in respect of her full notice entitlement. There was no statutory entitlement to any payment beyond this date. In respect of her claim to a bonus payment her contract of employment makes t clear that to be eligible for a bonus payment the employee must ‘be an employee of the company’ and ‘have not given notice to terminate the agreement or been given notice to terminate the appointment by the company’. Her claim fails by reference to both these contractual requirements. |
Findings and Conclusions:
I find the facts to be as they are set out in the respondent’s submission above and these were not disputed at the hearing by the complainant. Accordingly, she has not made out any case under either of her complaints and they both fail. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
For the reason set out I find above complaints CA-00023343-001 or 002 are not well founded. |
Dated: 17th July 2020
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Non-attendance of complainant. |