ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026364
Parties:
| Complainant | Respondent |
Parties | Michael Flynn | Nua Healthcare Services Ltd |
Representatives | David Doyle Solicitor | Cian Conboy Ibec |
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-00033679-001 | 09/01/2020 |
Date of Adjudication Hearing: 08/03/2022
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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:
This complaint was submitted on 9 January 2020. It contained a narrative regarding alleged unfair dismissal and further complaints under the Organisation of Working Time Act 1997 and the National Minimum Wage Act 2000. These complaints are adjudicated upon in ADJ-0027755. |
Summary of Complainant’s Case:
The Complainant contends that he was not given the full provisions of the Act, having been paid just one week’s notice instead of the two weeks he claims he should have received, having had more than two years’ service with the Respondent. |
Summary of Respondent’s Case:
The Respondent contends that as the Complainant was dismissed for gross misconduct he was not entitled to the notice claimed. The Respondent paid him one week’s notice as a gesture. |
Findings and Conclusions:
Section 8 of the Minimum Notice & Terms of Employment Act 1973 provides: 8. Nothing in this Act shall affect the right of any employer or employee to terminate a contract of employment without notice because of misconduct by the other party. The Respondent terminated the Complainant’s employment by reason of gross misconduct and therefore the Respondent was not obliged to pay more than the one week paid. I find that the complaint is not well founded. |
Decision:
Based on the reasons above, I have decided that this complaint is not well founded.
Dated: 9th May 2022.
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Minimum notice, termination by reason of gross misconduct. Not well founded. |