ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00050283

Parties:

Complaint:

Date of Adjudication Hearing:  13/06/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/orSection 12 of the Minimum Notice & Terms of Employment Act 1973 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.

Background:

The Complainant seeks payment in lieu of minimum notice.

Summary of Complainant’s Case:

The Complainant was employed by the Respondent as a Master Fish Filleter from 3 July 1979 to 16 February 2024.  His weekly wage was €525.  The business closed without providing him with statutory notice.

Summary of Respondent’s Case:

The Respondent does not dispute the claim.  Due to financial difficulties, the business could only pay the employees their wages up to the date of closure.

Findings and Conclusions:

Section 4 (2) of the Act provides that minimum notice be given by an employer to terminate the contract of his employee

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

I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €4,200 being the sum of eight weeks pay.

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 have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €4,200.

Dated:   21st June 2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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