Complainant

Respondent

Parties

Liz  Kennedy

An Post

Representatives

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-00044328-001

25/05/2021

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant and a witness for the respondent gave their evidence under affirmation.  Both parties were offered the opportunity to cross examine the other party.

The complainant was employed on a part-time basis on from March 2020 to May 2021 on a contract for fifteen hours per week.

The complainant submitted that she was not provided with a minimum notice period at the end of her contract.  She indicated that she was only given three hours’ notice of her termination.

The complainant submitted that she was put on annual leave for the following two weeks but that she did not agree to this arrangement.

The complainant submitted that she was replaced by the Managers son

The respondent submitted that the complainant was on a fixed term contract and that the Labour Court has held that where there is a fixed term contract, there is no requirement for notice.

The respondent submitted that the complainant was employed on a fixed term contract basis from March 2020 to February 2021 and thereafter from February 2021 to May 2021.

The respondent submitted that in the alternative, under the Minimum Notice and Terms of Information Act, the statutory notice period for an employee with such service is one week and this was afforded to the complainant.

The respondent submitted that the Act was not contravened.

The complainant submitted that she did not receive a contract of employment but confirmed that it was her signature on both contracts of employment.  The contract covering the complainant’s final employment period included the end date of 15 May 2021.

I am satisfied that the complainant was employed on a fixed term contract from February 2021 until 15 May 2021.

The respondent noted the case of Quality and Qualifications Ireland (QQI) T/A QQI v Clare O’Neill (UDD1961) and submitted that the Labour Court held that “[the] essence of a fixed-term contract is that it comes to an end without the intervention of either party (See Nerney v Thomas Crosbie Holdings Limited [2013] 24 E.L.R 238). Consequently, there is no requirement for notice prior to its expiry as such notice is given at the commencement of the contract.”   The respondent submitted that following the conclusions of the Labour Court, no notice was due to the complainant.

I find that the complainants employment came to an end due to the expiration of her contract.

The respondent also noted that in the alternative, it had given the complainant the proper statutory notice under provisions of the Minimum Notice and Terms of Employment Act, 1973 when she was place on her remaining annual leave which exceeded the statutory minimum notice period.

Notwithstanding the submissions of the respondent, it is noted that Section 3(1) of the Act states that

This Act shall not apply to— (a) employment of an employee who is normally expected to work for the same employer for less than eighteen hours in a week,

The complainant worked under a contract for 15 hours per week.  Accordingly, I find that this places the complainant outside the scope of the Minimum Notice and Terms of Employment Act, 1973.

Having regard to the written and oral submissions and to my findings in this matter, my decision is that the Act was not contravened.

Minimum Notice – fixed term contract – expiration – scope of the Act