MND2111

FULL RECOMMENDATION

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

PARTIES :

MARK DOYLE T/A ACTON'S SOLICITORS

- AND -

MS NAIDA DOZO

DIVISION :

SUBJECT:

1.Appeal of Adjudication Officer Decision No(s). ADJ-00029307 CA-00039329-002.

BACKGROUND:

2.The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 17 August 2021 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place in a virtual setting on 18 November 2021. The following is the Determination of the Court:

DETERMINATION:

This is an appeal by Mark Doyle T/A Actons Solicitors (‘the Respondent’) against the decision of an Adjudication Officer ADJ-00029307 dated 19th July 2021 given under the Minimum Notice and Terms of Employment Acts 1973-2015 (the Act). This claim is linked to claim to RPD2120 .

The Adjudication Officer held that Ms Naido Dozo’s complaint was well founded and awarded two weeks’ pay in lieu of notice. The Notice of Appeal was received by the Court on 17 August 2021. A remote hearing of the Labour Court was held on 18 November 2021.

The parties are referred to in this Determination as they were at first instance. Hence, Ms Dozo is referred to as the Complainant and Mark Doyle T/A Actons Solicitors is referred to as the Respondent.

The Law

Section 4 of the Minimum Notice and Terms of Employment Acts 1973-2015 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

Background

The Complainant was employed by the Respondent from 20 March 2018 until 30 March 2020 and was paid €500.00 per week. The Complainant’s termination of employment was the subject of a claim under the Redundancy Payments Acts 1967, and the subject of an appeal by the Respondent to this Court. The Respondent’s appeal under the Redundancy Payments Acts 1967 (ADJ-00029307 CA-00039328-003) was heard in conjunction with the within appeal.

In that case, having regard to the evidence tendered, the Court found that the Complainant’s employment was terminated by reason of redundancy when she was notified on 30 March 2020 that her position was redundant. It follows therefore, that the Complainant has an entitlement to her statutory notice under the 1973 Act.

The Complainant had over two years’ continuous service with the Respondent and had, therefore, accrued an entitlement to two weeks’ notice pursuant to section 4 of the Act.

Determination

For the reasons outlined above the decision of the Adjudication Officer is affirmed.

The Respondent is directed to pay the Complainant the sum of €1,000 in respect of her statutory entitlement to notice under the Act.

The Court so Determines.

NOTE

Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.