ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047358
Parties:
| Complainant | Respondent |
Parties | Gerard Doyle | Ampleforth Limited Fitzwilliam Hotel |
Representatives |
| Dermot Murphy of JS Gollogley Solicitors |
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-00058422-001 | 22/08/2023 |
Date of Adjudication Hearing: 19/01/2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant worked for the Respondent hotel for over 15 years. Following a period of sick leave he resigned from his post in July 2023.
The Complainant submits that the Respondent agreed to pay him his notice in lieu upon his resignation and failed to do so, paying only 4 weeks rather than 8 weeks. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing citing ill health. His son came in his stead and submitted a letter on his behalf and requesting compensation for breach of contract. |
Summary of Respondent’s Case:
The Respondent attended the hearing and submits that the Complainant voluntarily resigned and as such has no entitlement to paid notice. They decided to voluntarily pay him 8 weeks in deference to his long service and did so. |
Findings and Conclusions:
The Complainant did not attend the hearing nor did he request a postponement or submit sick certs. His son has said he has had trouble obtaining an appointment in order to get a sick cert. In any event the Complainant does not seek to provide further information or evidence other than what he has already provided. As the Respondent points out an entitlement under this act arises where an employer terminates an employee’s employment. Section 4.1 of the act outlines that: 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. The Complainant did not attend the hearing and give evidence that he had not in fact resigned nor to contradict the Respondent’s position that they did in fact voluntarily pay him 8 weeks. In the circumstances the complaint must fail. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The complaint is not well founded. |
Dated: 24th January 2024
Workplace Relations Commission Adjudication Officer: David James Murphy
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