ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053229
Parties:
| Complainant | Respondent |
Parties | Derek Steele | TBF Thompson (Garvagh) Ltd t/a TBF Construction Machinery |
Representatives | Self-represented | Self-represented |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 12 of the Minimum Notice & Terms of Employment Act 1973 | CA-00065196-001 | 04/08/2024 |
Date of Adjudication Hearing: 01/04/2025
Workplace Relations Commission Adjudication Officer: Kara Turner
Procedure:
In accordance with section 41 of the Workplace Relations Act 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
A hearing arranged for 1 April 2025 was attended by Derek Steele (the “complainant”) and personnel from TBF Thompson (Garvagh) Ltd t/a TBF Construction Machinery (the “respondent”).
Background:
The complaint referred to the Commission was in respect of statutory notice on termination of employment or payment in lieu, and holiday entitlement. The complaint in respect of payment in lieu of statutory notice was not pursued by the complainant at the hearing.
The complaint in respect of holiday entitlement is addressed under file reference ADJ-00054120. |
Findings and Conclusions:
A complaint in respect of statutory notice of termination was not pursued by the complainant. Based on the information before me, I do not find there to have been a contravention of section 4(2) or section 5 of the Minimum Notice and Terms of Employment Act 1973 by the respondent in relation to the complainant. Accordingly, I find that this complaint is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
My decision is that there was no contravention by the respondent of the relevant provisions of the Minimum Notice and Terms of Employment Act 1973, and that this complaint is not well founded. |
Dated: 14th May 2025
Workplace Relations Commission Adjudication Officer: Kara Turner
Key Words:
Statutory minimum notice – Payment in lieu – Holiday pay entitlement |