MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
TRINITY COLLEGE DUBLIN
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
- AND -
MR ALI SELIM
(REPRESENTED BY IRISH FREDERATION OF UNIVERSITY TEACHERS)
Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms Treacy
1. Appeal of Adjudication Officer Decision No ADJ-00018001.
2. The Employee appealed the Decision of the Adjudication Officerto the Labour Court on 3 May 2019 in accordance withtheMinimum Notice and Terms of Employment Act 1973 to 2005.A Labour Court hearing took place on 30 August 2019. The following is the Determination of the Court:-
This is an appeal by Ali Selim (the Appellant) against an Adjudication Officer’s Decision given under the Minimum Notice and Terms of Employment Act, 1973 (the Act) in a claim that he did not receive statutory notice entitlement upon his dismissal by his former employer Trinity College Dublin (the Respondent). The Adjudication Officer held that the Appellant had not received his entitlement to notice and awarded him a sum equivalent to four weeks’ notice in compensation at a weekly rate of €411.
The Appellant commenced employment with the Respondent in 2010 and his employment was terminated on the 27thor 30thSeptember 2018.
It is common case that the Appellant was, by operation of the law, entitled to four weeks’ notice upon termination of his employment.
The Respondent submitted that the Appellant had been advised by the Head of the Respondent’s School of Languages on 1stSeptember 2018 that his services would no longer be required. No evidence has been proffered to the Court as regards the detail of what was advised to the Appellant on 1stSeptember 2017 or whether a definite date of termination of employment was communicated to the Appellant at that time. The Court was provided by the Respondent with an e-mail from the Head of School to the Appellant on 5thOctober 2018, which post-dated the termination of employment, which confirmed that the requirement for his services had ceased.
The Appellant submitted that he had not received any communication from the Respondent on 1stOctober 2018 as regards the termination of his employment.
The Court invited the parties to put any evidence they wished before the Court in respect of these matters. The parties chose not to do so and relied wholly upon their submissions.
The Court has been provided with no evidence that any notice of the termination of his employment on 27thor 30thSeptember 2018 was provided to the Appellant. In those circumstances, the Court determines that the Appellant be paid four weeks’ pay in compensation for the loss he sustained as a result of the Respondent’s failure to afford him his entitlement to notice as set out in the Act.
The decision of the Adjudication Officer is accordingly affirmed.
The Court so determines.
Signed on behalf of the Labour Court
11 September 2019Chairman
Enquiries concerning this Determination should be addressed to Fiona McCarthy, Court Secretary.