MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
TESCO IRELAND LTD
(REPRESENTED BY IBEC)
- AND -
(REPRESENTED BY MANDATE TRADE UNION)
Chairman: Ms O'Donnell
Employer Member: Mr Marie
Worker Member: Mr Hall
1. Appeal Of Adjudication Officer Decision No. ADJ-00012348.
2. The Complainant appealed the decision of the Adjudication Officer to the Labour Court on 19th September 2018 in Accordance with the Minimum Notice and Terms of Employment Acts 1973 to 2005. A Labour Court hearing took place on 18th April 2019. The following is the Decision of the Court:
This is an appeal by Rose Kinsella (hereafter the Complainant) against an Adjudication Officer’s Decision ADJ-00012348 given under the Minimum Notice and Terms of Employment Acts 1973-2015(the Act) in a claim that she did not receive notice of payment in lieu of notice when her employment was terminated by Tesco Ireland Limited. (hereafter the Respondent). The Adjudication Officer held that the decision to dismiss the Complainant was fair and therefore no entitlement to notice or pay in lieu of notice arose.
The Court, having earlier found in a separate Determination on appeal that the Complainant’s dismissal by the Respondent on grounds of gross misconduct, is unfair determines the Complainant is entitled to payment in lieu of notice.
Section 4 states;
- (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
The Court determines that the Complaint is well founded. The Court orders the Respondent to pay the Complainant six weeks wages in lieu of notice. The decision of the Adjudication Officer is set aside. The Court so determines.
Signed on behalf of the Labour Court
14 May 2019Deputy Chairman
Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.