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FULL RECOMMENDATION
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 PARTIES : QUALITY AND QUALIFICATIONS IRELAND (QQI) T/A QQI
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - CLARE O' NEILL (REPRESENTED BY MARTIN E MARREN SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer Decision No: ADJ-00008374 CA-00011102-002
BACKGROUND:
2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 6 September 2019 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 20 February 2019. The following is the Determination of the Court:
DETERMINATION :
This is an appeal by Ms. Clare O’Neill against the Decision of an Adjudication Officer No ADJ-00008374, CA-00011102-002, under the Minimum Notice and Terms of Employment Act 1973 - 2005 (the Acts) in a claim that she did not receive statutory notice entitlement upon her dismissal by her former employer Quality & Qualifications Ireland t/a QQI.
The Adjudication Officer held that the Complainant received notice of the termination of her employment on 12th December 2016, two weeks prior to the termination on 31st December 2016, therefore he dismissed her claim.
For ease of reference the parties are given the same designation as they had at first instance. Hence Ms. Clare O’Neill will be referred to as “the Complainant” and Quality & Qualifications Ireland t/a QQI will be referred to as “the Respondent”.
The Complainant submitted her claim under the Acts to the Workplace Relations Commission on 3rd May 2017, seeking two week’s pay in lieu of notice in accordance with Section 3 of the Acts.
The Case
It is common case that the Complainant was on a fixed-term contract from 1st January 2016 until 31st December 2016. The Complainant’s employment terminated on 31st December 2016.
The Court has earlier found in the Determination UDD1961 that the Complainant’s employment terminated when her fixed-term contract expired by effluxion of time as set out in her contract of employment.
The essence of a fixed-term contract is that it comes to an end without the intervention of either party (See Nerney v Thomas Crosbie Holdings Limited [2013] 24 E.L.R 238). Consequently, there is no requirement for notice prior to its expiry as such notice is given at the commencement of the contract.
In any event the Complainant was formally notified by letter dated 14th December 2016 that her employment would be ending on 31st December 2016 and she would be paid a statutory redundancy payment.
Determination
Therefore, the Court determines that the Complainant’s complaint seeking a minimum notice payment under the Act is not well-founded. The appeal is upheld. The Decision of the Adjudication Officer is set aside.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
MK ______________________
21 October 2019 Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Mary Kehoe, Court Secretary.