ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054045
Parties:
| Complainant | Respondent |
Parties | James O'Donnell | Randridge International Ltd |
Representatives | N/A | Roberta Urbon Peninsula Business Services Ireland |
Complaint(s):
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-00066037-001 | 17/09/2024 |
Date of Adjudication Hearing: 21/10/2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
The Complainant the Respondent were in attendance at the hearing.
Background:
The Complainant’s employment as an IT Manager with the Respondent commenced on 1 January 2016. He stated that he did not receive his statutory notice requirements when he was dismissed on the grounds of redundancy on 5 July 2024. |
Summary of Complainant’s Case:
He stated that he did not receive his statutory notice requirements when he was dismissed on the grounds of redundancy on 5 July 2024. |
Summary of Respondent’s Case:
The Respondent did not dispute the Complainant’s evidence. |
Findings and Conclusions:
Section 4 of the Minimum Notice and Terms of Employment Act, 1973, 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, Based on the undisputed evidence provided by the Complainant, I am satisfied that he did not receive his minimum notice entitlements. Consequently, I find this complaint to be well-founded. Specifically, considering his length of service, which exceeded five years but was less than ten years, he is entitled to four week's notice. |
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 find that this complaint is well founded for the reasons set out above and direct that the Respondent pay compensation to the Complainant in the amount of €6,538.15 (€7,083*12/52*4) |
Dated: 27th November 2024.
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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