MND244

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00043069 (CA-00052789-003)

BACKGROUND:

The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 6 October 2023 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 12 March 2024. The following is the Decision of the Court

DECISION:

This is an appeal by O’ Shea & Murphy Building & Carpentry Contractors (Respondent) against an Adjudication Officer’s Decision ADJ- 00043069 CA-00052789-003 given under the   Minimum Notice and Terms of Employment Acts 1973-2015 (the Act). The Adjudication Officer held that the claim was well founded and awarded six weeks’ pay (€3,600) in lieu of notice.

 The Respondent submitted that they had to cease trading at short notice and that they believed the legislation should make provision for difficulties that the employer might encounter. They had paid everything they believed he was due to be paid but accepted that they had not given him six weeks’ notice of the end of his employment or paid him six weeks pay in lieu of notice. They did not dispute that the Complainant had been working with them from 15th October 2007 until 24th March 2022.

The Complainant submitted that he had not been paid his notice or given six weeks’ notice of the termination of his employment.

The Law

Section 4 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,

( e) if the employee has been in the continuous service of his employer for fifteen years or more, eight weeks

Determination

The Court determines that the complaint is well founded. The Court orders the Respondent to pay the Complainant six weeks wages being a sum of €3,600 in lieu of notice.

The decision of the Adjudication Officer is upheld.

The Court so Determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AR	______________________
09 April 2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Aidan Ralph, Court Secretary.