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MND197

FULL RECOMMENDATION
MN/19/5
DETERMINATION NO. MND197
ADJ-00014455 CA-00018784-004

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005


PARTIES :
G4S SECURE SOLUTIONS (IRELAND) LIMITED
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRELAND) LTD)

- AND -

KAREN KELLY
(REPRESENTED BY CAREY SOLICITORS)


DIVISION :

Chairman: Ms O'Donnell
Employer Member: Mr Murphy
Worker Member: Mr McCarthy
SUBJECT:
1. Appeal Of Adjudication Officer Decision No ADJ-00014455


BACKGROUND:

2. Both parties appealed the Decision of the Adjudication Officer to the Labour Court in accordance with the Minimum Notice and Terms of Employment Acts, 1973 to 2005 . A Labour Court hearing took place on 16th May 2019. The following is the Determination of the Court:

DETERMINATION :

This is an appeal by G4S Secure Solutions (Ireland) Limited (the Respondent) against an Adjudication Officer’s Decision ADJ-00014455 given under the Minimum Notice and Terms of Employment Acts 1973-2015(the Act) in a claim by Karen Kelly (the Complainant) that she did not receive payment in lieu of notice when her employment was terminated by the Respondent. The Adjudication Officer held that the claim was well founded and awarded €928.20

Background

The Court, having earlier upheld in a separate Determination on appeal the Complainant’s claim of discriminatory dismissal on the grounds of gender 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 two weeks wages in lieu of notice being a figure of €984 based on the earnings notified to the Court in the earlier claim.

The decision of the Adjudication Officer is amended accordingly.

The Court so determines.




Signed on behalf of the Labour Court



Louise O'Donnell
FMc ______________________
12th June 2019 Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Fiona McCarthy, Court Secretary.