Complainant

Respondent

Parties

Leanne  Kearney

Mitros Solar Ltd

Representatives

In person

Peninsula Business Services Ireland

Act

Complaint/Dispute 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-00069386-001

18/02/2025

The complainant was employed by the respondent as an operations manager from 28th August 2024 until the 18th December 2024. The complaint, which was referred to the Workplace Relations Commission (WRC) on 18th February 2025 relates to outstanding notice entitlements, which the complainant contends she did not receive.

Note: The complainant raised other issues relating to her employment in an email to the WRC on 1st September 2025 and again on 4th November 2025 in response to a supplemental submission furnished by the respondent. The additional issues raised are not the subject of complaints submitted to the WRC and were raised for the first time almost nine months and 11 months respectively after the employment ended. Accordingly, the subject matter of this decision relates only to whether the complainant was paid her statutory notice entitlement of one week’s pay when her employment ended.

The complainant stated that she did not receive her notice entitlements when her employment ended. The complainant is seeking the payment of one weeks pay in lieu of notice entitlements.

The respondent stated that the complainant was paid her notice entitlements. The respondent’s position is that the complainant was paid for the two weeks she worked in December 2024 and one additional week’s pay following the end of the employment on the 18th December 2024. The respondent’s position is that the complainant was paid her notice entitlements as she received payment up to and including the 25th December 2024 but was not required to work same. The respondent’s position is that the payslip for December 2024 reflects this position and that the respondent has met its obligations under the legislation in respect of notice entitlements.

The complaint to be adjudicated on relates to the non-payment of one week’s pay in respect of notice entitlements to the complainant.

The Applicable Law

Section 4(1) and 4(2) of the Minimum Notice and Terms of Employment Act, 1973 states as follows:

4.(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,

Conclusions

I have reviewed the payslip for December 2024, and the complainant was paid for three weeks of the month up until 25th December 2024 having finished work on 18th December 2024. While the payslip does not clearly state that the complainant was paid one week’s pay in respect of notice entitlements, the complainant was paid an additional weeks pay. On that basis I find, on balance, that the complainant was paid her statutory notice entitlements as required by the legislation.

For the reasons stated above, I find that the complaint is not well founded.

Notice entitlements