ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00065418

Parties:

Complaint:

Date of Adjudication Hearing:  29/07/2026

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 & 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.

Background:

The complaint under the Act is for payment in lieu of minimum notice.

Summary of Complainant’s Case:

The Complainant was employed as Production Manager from 11 November 2013 to 15 July 2025.     The business closed suddenly without notice and the Complainant was not paid his entitlement to minimum notice.  The Complainant’s wages were €690 per week.

Summary of Respondent’s Case:

On behalf of the Respondent, it was stated that there is no dispute that the Complainant is owed minimum notice payment.  However, the Respondent does not have the finance to pay.  It was hoped that payment could be made by Department of Social Protection Social Insurance Fund.  While redundancy was paid through the Department, payment for minimum notice was not.

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….

(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..

In this instant case, the Complainant had 11 years and 8 months service and therefore is entitled to six weeks’ notice, as provided for in Section 4 (2) (d) of the Act.

I find his complaint to be 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.

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 the sum of €4,140.

Dated:   21st   August 2026

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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