Complainant

Respondent

Parties

David  Barnes

Maguire Mechanical Ltd

Representatives

  Self-Represented

 Rita Gaynor, Inhouse Representative

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-00047324-001

24/11/2021

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 one witness for the respondent gave their evidence under oath, while the additional three witnesses in attendance took the affirmation at the start of the hearing.

The respondent is a construction sector company.  The complainants weekly age was €879 gross per week, the amount of which was agreed between the parties.

The complainant submitted that he gave the respondent notice at the start of the week commencing 16 November 2021, that he would be leaving at the end of the year to take up alternative employment.  He submitted that two days later he was informed that he would be finishing up that week.

The complainant submitted that he was not paid his two weeks’ notice period before his employment was terminated.

The respondent submitted that the complainant gave his notice on 8 November and worked out his notice period.  The respondent submitted that the complainant was paid for his notice period in his final payroll.

The complainant submitted that he was entitled to two weeks’ notice under his contract, however he confirmed that he worked for the respondent for a 15-month period.

Section 4(1) and (2) of the Minimum Notice and Terms of Employment Act, 1973 states that

(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.

According to Section 4(2)(a), the employee was entitled to one week’s statutory notice.

The complainant submitted that he did not submit his notice on 8 November and provided a text thread indicating that he only held discussions with his former employer regarding a return t work on or around 11 – 13 November before handing in his notice, verbally, the following week.

The witness for the respondent stated that the complainant gave his notice verbally on 8 November 2021. 

The complainant noted that he had not submitted any notice in writing.  However, I note that the act does not preclude the employee giving notice in a format other than writing. 

Having considered the oral testimony of the witnesses for the respondent and the complainant, I prefer the complainants account as it was supported, albeit in a limited fashion, by a text thread of the communication undertaken with his former employer regarding a return to work.

On the basis of the foregoing, I am satisfied that the complainant did not indicate to the employer that he was leaving within a short period but gave the respondent six weeks’ notice of the end of his employment.  I am also satisfied that the respondent gave the complainant notice of the termination of this employment on 18 November, the day before his final working day.  Accordingly, I find that the respondent did not give the complainant his statutory notice, nor did he pay him in lieu of that notice period, and I find that the Act was contravened.  His statutory notice period was one week and his rate of pay as agreed by the parties was €897.00.

Having regard to all the written and oral evidence presented in relation to this complaint, my decision is that the minimum Notice and Terms of Employment Act, 1973 was contravened.  I award the complainant compensation of €897.00 for the loss he sustained by reason of the contravention.

Minimum Notice – contravention established -  1 week notice – compensation awarded.