ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00060780

Parties:

Complaint:

Date of Adjudication Hearing:  28/05/2026

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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 Complainant seeks payment of full contractual notice.

Summary of Complainant’s Case:

The Complainant was employed as a Dental Nurse from 1 April 2019.  On 22 July 2025 she handed in her notice of intention to leave her employment with effect from 5 September 2025.  She stated that according to her contract of employment, a period of 4 weeks’ notice applied.  She had been due to go on annual leave in the first 2 weeks in August.   The Respondent employer effectively ended her employment on 1 August 2025 and paid her one week’s notice which included her annual leave balance.  The Complainant obtained advice which indicated that the employee is entitled to the notice period contained in the contract of employment. The Complainant seeks payment of the full contractual notice as contained in her contract of employment.

Summary of Respondent’s Case:

The Respondent noted that the Complainant was due to go on 2 weeks’ holiday in the beginning of August and put it to the Complainant that there was no point in returning for one week to work out the notice period.  She worked up to 1 August and was paid  one week’s notice which the Respondent contends is the statutory entitlement.                 The Respondent paid the Complainant the balance of annual leave (11 hours) rounded to a week’s pay.  This arrangement was put to and agreed by the Complainant before she left the employment.  The Respondent contends that the Complainant is entitled to one week’s notice according to the Act.  The Complainant was paid her statutory notice plus holiday pay rounded up to a further week’s payment.

Findings and Conclusions:

On 22 July 2025 the Complainant gave notice of her intention to leave her employment on 2 September 2025.  This constitutes 6 weeks’ notice.  I note the provision in her contract of employment which refers to a period of 4 weeks’ notice in the case of an employee having 5-10 years’ service. Clause 19 of the contract provides:

19. Notice

Except in circumstances justifying immediate termination of your employment, you will receive the following notice according to your length of service as set down in the Minimum Notice and Terms of Employment Act, 1973:

Length of Service

Less than 2 years        Statutory Notice Period 1 week

 2-5 years                    2 weeks

5-10 years                   4 weeks

10-15 years                 6 weeks

15 years or more         8 weeks

The Employer reserves the right to pay in lieu of notice.

I note the Respondent and the Complainant rely upon the Act to support their opposing positions.  The advice received by the Complainant was:

In accordance with the Minimum Notice and Terms of Employment Acts 1973 to 2001 an employee who has 13 weeks service with an employer is obliged to provide one weeks notice to the employer prior to termination of employment. If there is a longer period of notice required from an employee which is stated in a written contract of employment, and signed by the employee, then this would have precedence. (emphasis added).

I find that the Complainant’s contract of employment provides for 4 weeks’ notice, she worked 2 weeks, was paid a further week which included 11 hours pay in lieu of annual leave accrued and not taken. The 11 hours annual leave payment was included and cannot be adjudicated upon in the present claim which was lodged under the Minimum Notice & Terms of Employment Act.

Effectively, the contract of employment was not honoured in respect of notice pay.

I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €680 less all lawful statutory deductions.

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 €680 less all lawful statutory deductions.

Dated:   10-07-26

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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