MND217

1. Appeal of Adjudication Officer Decision No(S) ADJ-00013234 CA-00017422-001

BACKGROUND:

2. The Employer appealed the decision of the Adjudication Officer to the Labour Court on 30 October 2018 in Accordance with the Minimum Notice and Terms of Employment Acts 1973 to 2005. A Labour Court hearing took place on 23 March 2021. The following is the Decision of the Court:



DETERMINATION :

This matter comes before the Court as an appeal by, Sigma Aldrich Ireland Limited (the Appellant) against the decision of an Adjudication Officer made under the Minimum Notice and Terms of Employment Act 1973 (the Act) in a complaint made by Paul Martin (the Complainant). The Adjudication Officer found that the complaint was well founded and awarded compensation in the amount of €6,726.96, being eight weeks pay.

The Complainant was employed by the Appellant from 26th August 2002 until the termination of his employment on 25th August 2017.

Background

The employment of the Complainant was terminated by letter from the Appellant dated the 25^th August 2017 and with effect from that date. He was not given notice or paid in lieu of notice. This complaint is linked to a complaint made under the Unfair Dismissals Act, 1977 (UD18/203) where the Court held that the Complainant was unfairly dismissed.

The Law

The Act at section 4 provides as follows:

• (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 notes that the Complainant was in the employment of the Appellant for exactly 15 years and consequently orders the Respondent to pay the Complainant €6,726.96 being eight weeks’ wages which is his statutory entitlement to notice in accordance with the Act at Section 4.

The decision of the Adjudication Officer is affirmed.

The Court so determines.

	Signed on behalf of the Labour Court
	Kevin Foley
CO'R	______________________
20 April 2021	Chairman