MND241

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00044789 (CA-00055617-010)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 11 October 2023 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 12 January 2024. The following is the Decision of the Court:

DECISION:

This matter comes before the Court as an appeal by Liviu Lucian Ionut (the Appellant) against a decision of an Adjudication Officer CA-00055617-010 in his complaint made under the Minimum Notice and Terms of Employment Act, 1973 (the Act) against Vladimir Vecerin Pepito Trade (the Respondent).

The Appellant was employed by the Respondent from 30th May 2022 until 9th March 2023. The within complaint was made to the Workplace Relations Commission on 21st March 2023.

Summary submission of the Appellant.

The Appellant submitted that he was dismissed without notice by the Respondent. He submitted that, in accordance with the Act at Section 4(2)(a), he was entitled to receive one weeks’ notice. The Appellant was in receipt of €550 per week in pay.

Summary submission of the Respondent

The Respondent accepted in oral submission that no notice of the termination of his employment was given to the Appellant.

Relevant Law

The Act at Section 4 in relevant part makes provision as follows:

4.(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,

Discussion and conclusions

It is common case that the Appellant was not provided by the Respondent with notice of termination of his employment.

Having regard to all the circumstances of this complaint, the Court concludes that the Respondent was in breach of the Act as alleged.

Decision

The Court, in pursuance of the Act at Section 12, directs that the Respondent should pay compensation to the Appellant in the amount of one week’s pay.

The within appeal succeeds and the decision of the Adjudication Officer is set aside.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
SOC	______________________
16 February 2024	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Sinéad O'Connor, Court Secretary.