Complainant

Respondent

Parties

Orla  Roddy

Airport Hopper Holdings Ltd.

Complainant

Respondent

Anonymised Parties

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Representatives

  Self-represented

Non-attendance

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-00069333-001

17/02/2025

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The respondent did not attend the hearing although notification was sent to the address listed on the Companies Registration Office website.  The start of the hearing was paused for 15 minutes to allow the respondent to attend if they wished to do so.  As there was no engagement by the respondent, the hearing proceeded as scheduled.

As the evidence was not in contention, neither oath nor affirmation were administered.

The complainant stated that the respondent ceased its operations on 10 February 2025 without paying her the appropriate payment in lieu of notice.  She stated that she started work with the respondent on 19 December 2022.  She confirmed that she was paid €1600 per fortnight gross.

The respondent did not attend the hearing of this matter.

The complainant stated that the respondent ceased its operations on 10 February 2025 without paying her the appropriate payment in lieu of notice.  She stated that she started work with the respondent on 19 December 2022 and accordingly had service of between two- and five-years’ service.

Section 4(1) and (2) of the Minimum Notice and Terms of Information Act, 1973 states that

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,

(b) if the employee has been in the continuous service of his employer for two years or more, but less than five years, two weeks,

(c) if the employee has been in the continuous service of his employer for five years or more, but less than ten years, four weeks,

(d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks,

(e) if the employee has been in the continuous service of his employer for fifteen years or more, eight weeks.

In accordance with Section 4(2)(b) of the Act, the complainant was entitled to two weeks’ notice.

Arising from the foregoing, I am satisfied that the has been contravened and that loss sustained by the complainant by reason of the contravention amounts to €1600.

Having regard to the written and oral evidence provided in respect of the complaint, my decision is that the Act was contravened.  I direct the respondent to pay the complainant compensation of €1600 less any lawful deductions.

Minimum Notice – Act contravened – award of compensation