MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
JOHN LEE ELECTRICAL LIMITED
- AND -
(REPRESENTED BY CONNECT TRADE UNION)
Chairman: Ms O'Donnell
Employer Member: Ms Doyle
Worker Member: Ms Treacy
1. An appeal of an Adjudication Officer's Decision No. ADJ-00019347.
2. The Claimant appealed the decision of the Adjudication Officer to the Labour Court on 10 June 2019 in Accordance with the Minimum Notice and Terms of Employment Acts 1973 to 2005. A Labour Court hearing took place on 15 August 2019. The following is the Decision of the Court:
This is an appeal by Sam Telford (the Complainant) against an Adjudication Officer’s Decision ADJ-00019347 given under the Minimum Notice and Terms of Employment Acts 1973-2015(the Act) in a claim against John Lee Electrical (the Respondent) that he did not receive payment in lieu of notice when his employment was terminated by the Respondent. The Adjudication Officer held that the claim was not well founded.
The Complainant was an apprentice with the Respondent. When the Complainant was placed on temporary lay-off he sourced other employment. The Respondent never engaged with the Complainant in relation to ending the temporary lay-off nor did he offer the Complainant work. The Respondent indicated to the Court that at the time he issued the Complainant with his P45 he did have work available, but he assumed that the Complainant would not be interested as the Complainant had found work elsewhere. The Respondent accepted that he had terminated the employment.
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
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 €1,131.00 based on the earnings notified to the Court.
The decision of the Adjudication Officer is set aside.
The Court so determines.
Signed on behalf of the Labour Court
21 August, 2019Deputy Chairman
Enquiries concerning this Determination should be addressed to David Campbell, Court Secretary.