Complainant

Respondent

Parties

Ms Lorena  Martinez Vera

Snip & Style Studio Limited T/A In Style Hair & Beauty

Representatives

Self-Represented

The Respondent did not attend and was not represented at hearing.

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-00078503-001

11/12/2025

These matters came before the Workplace Relations Commission dated 11/12/2025.  The Complainant alleges contraventions by the Respondent of provisions of the above listed statute in relation to her employment with the Respondent.  The aforesaid complaint was referred to me for investigation.  A hearing for that purpose was scheduled to take place on 07/08/2026.

The Complainant was employed by the Respondent as a Senior Hair Stylist at all material times.    The Respondent is carrying out business in the hair and beauty industry.   The Complainant commenced her employment with the Respondent on 16/10/2024.    The employment ended on 05/12/2025.   

The Complainant’s claim is that she is entitled to 2 weeks of notice or payment in lieu which she submits is her legal entitlement based on her service.

The Respondent emailed the WRC on 28 July that the company had ceased trading and “there is nobody to be a representative at any further meetings”.   

The Complainant relied on the narrative of her WRC complaint form and supporting documentation. 

CA-00078503-001

Overview WRC complaint form

My name is Lorena Martínez Vera. I am submitting a formal complaint regarding unpaid entitlements, lack of statutory notice, and the sudden closure of my workplace without warning. I worked full time (40 hours per week) as a Senior Stylist from 16 October 2024 until 5 December 2025, for a total of 1 year and 2 months of continuous service.

Sudden closure of the business On 5 December 2025, the salon owner closed the business unexpectedly and without any prior notice, informing me from one day to the next. This effectively ended my employment immediately, without following the required procedures or providing statutory notice. Payments received and outstanding I have received:-

My final week’s wages-

My sales commissions

However, I am still owed:- Payment for my accrued holiday leave (I received a payslip 2 das ago for it, but the money has not been paid into my account)

Statutory notice pay (with over 1 year of service, I am legally entitled to 2 weeks of notice or payment in lieu) Legal entitlements based on my service With 1 year and 2 months of employment, my understanding under Irish employment law is that I am entitled to:

1. Accrued holiday pay Payment for all unused annual leave up to the end of my employment, which has not been paid.

2. Statutory notice pay (Minimum Notice and Terms of Employment Act 1973) Employees with more than 1 year of service are entitled to 2 weeks of notice, or payment instead of notice. I received no notice at all.

3. Potential Unfair Dismissal claim 

I have over 12 months of service and was dismissed without any notice, procedure, or consultation due to the sudden closure. I believe this may constitute unfair dismissal under the Unfair Dismissals Acts.

4. Any additional payments owed under the Payment of Wages Act I request that the WRC review whether any other outstanding wages or entitlements apply due to the abrupt business closure. (I understand that statutory redundancy requires 2 years of continuous service, so this does not apply in my case.)

Work conditions During my employment, I worked alone in a newly opened salon and was responsible for all daily operations, including client services, bookings, sales, customer management, and general business maintenance. I carried full responsibility for the running of the salon, which makes the sudden closure particularly unfair and financially damaging. Request to the WRC I respectfully request the WRC’s assistance in recovering:-

My outstanding holiday pay- My2weeks of statutory notice pay- Compensation for unfair dismissal, if applicable- Any other entitlements due to the sudden closure and immediate termination I believe my employer has failed to comply with several aspects of Irish employment law, and I ask the WRC to investigate this matter. I sent her several emails asking and she just sent me a letter of dismissal and another saying that I would not know if she could pay us what we owe Thank you for your time and assistance.

Summary of direct evidence of Complainant

The Complainant at hearing gave her evidence on oath with the assistance of an interpreter.  The Complainant submits she had received outstanding monies owed although she believed she may have been left short of a couple of hours in the annual leave calculations.

It was explained to the unrepresented Complainant that my jurisdiction is confined to the specific complaint as presented pursuant to section 12 of the Minimum Notice & Terms of Employment Act, 1973 as that is the sole complaint properly before me at hearing.    

Upon enquiry the Complainant confirmed she had submitted formal notification of her intention to resign from her position on 20/11/2025.  The Complainant believes she is entitled to two weeks’ notice and confirms this is her claim for adjudication on the day.    

It was explained to the Complainant that my jurisdiction is limited to consideration of notice entitlements under the impleaded legislation in circumstances where the Complainant submits her contract provides for 2 weeks’ notice. 

The Complainant in oral evidence submits the Respondent notified the staff on 05/12/2025 the business would cease trading and they were given the option of leaving that day or of continuing to work for another week.  The Complainant submits she decided not to continue working any further and she left that day.   

CA-00078503-001

Email to the WRC from the Respondent of 28/07/2026

Good morning, I am writing in reply to a letter received in reference to a complaint ref. ADJ-00064822. I wish to inform you that at the time Anastasia decided to close the business on my advice, sufficient notice was given to all staff. Your client decided to immediately walk out and inform us she would not return. We then had to cancel all appointments and as she was the hairdresser it made more financial sense to just close the salon that day and cease trading. I advise you to look up the companies cease trading dates on revenue. As the company has ceased trading there is nobody to be a representative at any further meetings.

Kind regards, Mike Bourke Director of business Operations Expand Accounting

There was no appearance by or on behalf of the Respondent at the hearing.  I note the Respondent has engaged with the WRC as set out in the above email.   I also note the Respondent company maintains the status of trading as normal on the CRO.   

In circumstances where I am satisfied that the Respondent was properly served with notice of the date, time and venue of the adjudication hearing and having waited some time to accommodate a late arrival and where I formally opened and closed the adjudication hearing on 07/08/2026 I will proceed to set out hereunder my findings and conclusions.

CA-00078503-001

This is a complaint pursuant to section 12 of the Minimum Notice & Terms of Employment Act, 1073.

In conducting my investigation and in reaching my decision, I have carefully reviewed all relevant documents provided to me.  I have carefully considered the oral evidence adduced at hearing.  I deemed it necessary to make my own inquiries into the complaint during hearing to establish and understand the facts and to seek clarification on certain matters.  

The Relevant Law

Section 4 of the Minimum Notice and Terms of Employment Act, 1973, as amended obliges the Respondent to give the Complainant one week’s notice on the basis of her service as set out hereunder.

4. Minimum period of notice

(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, [emphasis added] 

(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,

Section 12 of the Act provides as follows.

 12. Decision of adjudication officer under section 41 of Workplace Relations Act 2015

(1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 4(2) or 5 may, where the adjudication officer finds that that section was contravened by the employer in relation to the employee who presented the complaint, include a direction that the employer concerned pay to the employee compensation for any loss sustained by the employee by reason of the contravention.

Schedule 2 of the Act states:

Second Schedule Rights of Employee During Period of Notice

1.

Subject to the provisions of this Schedule, an employee shall, during the period of notice, be paid by his employer in accordance with the terms of his contract of employment and shall have the same rights to sick pay or holidays with pay as he would have if notice of termination of his contract of employment had not been given.

Employments for which there are normal working hours

2.

(a)

(i) An employee shall be paid by his employer in respect of any time during his normal working hours when he is ready and willing to work but no work is provided for him by his employer.

(ii) In this subparagraph “normal working hours” in the case of an employee who is normally expected to work overtime, include the hours during which such overtime is usually worked.

(b) In any case where an employee's pay is not wholly calculated by reference to time, the pay which his employer is bound to pay him under subpara.(a) shall be calculated by reference to the average rate of pay earned by the employee in respect of any time worked during the thirteen weeks next preceding the giving of notice.

Employments for which there are no normal working hours

3.

Subject to para.4 of this Schedule, an employer shall pay to an employee, if there are no normal working hours for that employee under the contract of employment in force in the period of notice, in respect of each week in the period of notice, a sum not less than the average weekly earnings of the employee in the thirteen weeks next preceding the giving of notice.

4.

An employer shall not be liable to pay to his employee any sum under para.3 of this Schedule unless the employee is ready and willing to do work of a reasonable nature and amount to earn remuneration at the rate mentioned in the said para.3.

The Relevant Facts

It is the Complainant’s case that she is “legally entitled to 2 weeks of notice”. 

It is noted that the Complainant’s attempt to assert an entitlement under her contract of employment to an enhanced notice payment of two weeks is misconceived in the context of a statutory complaint.

It is not in dispute the Respondent told the staff on 05 December 2025 that the business was to cease trading due to financial difficulties.  The Complainant submits they were given the option to work for one week or to leave that day.  It is not in dispute the Complainant chose to leave that day and not to work for one week.  The Complainant had been in employment with the Respondent for 14 months. 

Accordingly, her statutory entitlement is one week’s notice on the basis of her service as set out above. 

Applying the law set out above to the facts, as the Complainant did not make herself available to work during the period of notice of one week, there is no entitlement to payment under the impleaded legislation. 

Accordingly, I find the complaint as presented to be not well-founded. 

CA-00078503-001

For the reasons set out above I decide this complaint is not well-founded.