ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00058845
Parties:
| Complainant | Respondent |
Parties | Anastasia Mahlovana | Oic Cleaning Cleaner |
Representatives |
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Complaint(s):
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-00071542-001 | 13/05/2025 |
Date of Adjudication Hearing: 29/09/2025
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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.
Background:
The Complainant was not paid her minimum notice payment following the termination of her employment during her probationary period. |
Summary of Complainant’s Case:
The Complainant started working for the Respondent in January 2025.The Complainant’s employer terminated her employment by email at 11pm on 30th April. The Complainant called Natalia Cosofret, her manager, at 6.30am the next day. She asked her what the issue was and why did she had sent the email at 11pm firing her without any prior notice. She was told that her employment was being terminated because she did not pass her probationary period. She asked if she could get another position in the company and she was told “no”. Two months after her employment was terminated, she got her final pay-check. It did not include her minimum notice payment. There was no further Communication with the Respondent after that date. |
Summary of Respondent’s Case:
There was no appearance for or on behalf of the Respondent. I am satisfied that the Respondent was on notice of the date, time and venue for the hearing today. |
Findings and Conclusions:
The Complainant alleges that she was not paid her minimum notice payment following the termination of her employment. However, I note that in her payslip dated the 11 May 2025 she was paid € 540.00 ( €13.50 x 40 hrs) notice payment. I do accept the Complainant’s evidence that the payment was not made until 30 June, after she filed her complaint with the WRC. Due to the fact that the Complainant has been paid her notice payment, I find that the complaint is not well founded and accordingly fails. |
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.
The complaint fails. |
Dated: 01/10/2025
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Minimum Notice. Termination. Probationary Period. |