ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00054054

Parties:

Complaint:

Date of Adjudication Hearing:  30/04/2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 12 of the Minimum Notice and Terms of Employment Act 1973, 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.  The matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.

Background:

The complaint is that the Respondent Employer terminated the Complainant’s employment without notice contrary to the Minimum Notice and Terms of Employment Act 1973.

Summary of Complainant’s Case:

The Complainant was employed by the Respondent from 14 March 2024 to 19 July 2024.  Her employment was terminated by text message on 19 July 2024.  The reason she was given was that she failed to sign and return a contract of employment which she believed contained clauses which were contrary to employment laws.  The Complainant submitted information that indicated she earned €448 per week.

Summary of Respondent’s Case:

The Respondent did not attend the hearing.  A previous date for hearing this complaint had been postponed at the Respondent’s request.  

Findings and Conclusions:

Section 4 of the Minimum Notice and Terms of Employment Act 1973 provides for minimum periods of notice an employer is obliged to give in order to terminate the contract of employment of an employee who has been in continuous service for a period of thirteen weeks or more as follows:

(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…

I find that the Respondent did not comply with Section 4 (2) of the Act and the complaint is 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.

CA-00065389-008            Minimum Notice and Terms of Employment Act 1973

Section 12 of the Act requires that I make a decision in relation to the redress provisions under that section of the Act.  Based on the findings and reasons above, I have decided that the complaint is well founded.  I require the Respondent to pay to the Complainant compensation for the loss sustained in the amount of €448.

Dated:   26-05-2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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