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MND199

FULL RECOMMENDATION

MN/19/3

DETERMINATION NO. MND199

ADJ-00010976 CA-00014539-002

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

PARTIES :

SLONECZKO LIMITED TRADING AS BREADSKI BROTHERS
(REPRESENTED BY PATRICK J. DURKAN & CO, SOLICITORS)

- AND -

AGNIESZKA KOPACZ
(REPRESENTED BY LORRAINE LALLY, B.L., INSTRUCTED BY GERALDINE COSTELLO, SOLICITORS)

DIVISION :

Chairman: Ms O'Donnell
Employer Member: Ms Connolly
Worker Member: Mr McCarthy

SUBJECT:
1. An appeal of an Adjudication Officer's Decision No. ADJ-00010976.

BACKGROUND:

2. The Complainant appealed the decision of the Adjudication Officer to the Labour Court on 31 December 2018 in accordance with the Minimum Notice and Terms of Employment Acts 1973 to 2005. A Labour Court hearing took place on 29 & 30 May 2019. The following is the Decision of the Court:

DETERMINATION :

This is an appeal by Agnieszka Kopacz (the Complainant) against an Adjudication Officer’s Decision ADJ-00010976 given under the Minimum Notice and Terms of Employment Acts 1973-2015(the Act) in her claim that she did not receive payment in lieu of notice when her employment was terminated by Sloneczko Limited trading as Breadski Brothers (the Respondent.) The Adjudication Officer held that the claim failed as she was not unfairly dismissed.

The Court, having earlier upheld in a separate Determination on appeal the Complainant’s claim of unfair dismissal must now consider the Complainant’s claim in respect of minimum notice.

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 four weeks' wages in lieu of notice.

The appeal is upheld. The Decision of the Adjudication Officer is set aside

The Court so determines.

Signed on behalf of the Labour Court

Louise O'Donnell
CR ______________________
3 July, 2019 Deputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.