ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00027747
Parties:
| Complainant | Respondent |
Anonymised Parties | A welder | A manufacturing company |
Representatives | self | Did not attend |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00035541-001 | 01/04/2020 |
Date of Adjudication Hearing: 26/01/2021
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant was employed by the Respondent company from 26/08/2019 until 27/01/2020 at which point his employment was terminated. The Complainant was employed as a welder. The Complainant earned a gross weekly wage of €616.00 per week. This complaint was received by the Workplace Relations Commission on 1st April 2020. |
Summary of Complainant’s Case:
The Complainant informed the hearing that in or around 23rd March 2020 he was absent from work for three days and at the end of this period he received a telephone call from the Respondent company manager informing him that his employment was being terminated with immediate effect. The Complainant contends that he is/was entitled to one weeks pay in lieu of notice. No contract of employment or statement of particulars of employment were issued to the Complainant. |
Summary of Respondent’s Case:
The Respondent nor any representative for the Respondent attended the hearing of the complaint. I am satisfied that correspondence containing the date and time for the remote hearing were sent to the Respondent. |
Findings and Conclusions:
From the uncontested evidence provided by the Complainant I find that the complaint as presented is well founded. Section 4 of the Minimum Notice and Terms of Employment Act, 1973 reads as follows: 4 (1) An employer shall, in order to terminate the contract of employment of an employee who has been in 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 continuous service of his employer for less than two years, one week. I now order the Respondent to make a gross payment of €616.00 to the Complainant (one weeks wages). This payment should be made within 42 days from the date of this decision. |
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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.
I now order the Respondent to make a gross payment of €616.00 to the Complainant (one weeks wages). This payment should be made within 42 days from the date of this decision. |
Dated: 9th February 2021
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Minimum Notice and Terms of Employment Act, 1973. |