Minimum Notice and Terms of Employment Acts 1973 to 2005
There are two instances where employees are not entitled to statutory minimum notice or pay in lieu and that is when employees have been working for less than 13 weeks or they are dismissed for misconduct. In every other case, the employees are entitled to statutory minimum notice or pay in lieu. Unless the employment contracts states otherwise, an employee has to give the employer a minimum of one week’s notice. The periods of continuous service determines the statutory entitlement to minimum notice and these period are found below:
13 weeks – 2 years 1 week
2 – 5 years 2 weeks
5 – 10 years 4 weeks
10 -15 years 6 weeks
Over 15 years 8 weeks.
In scenarios where the employer is entitled to terminate the contract immediately and without notice, either due to gross misconduct or as a provision of the contract, the above notice provisions will not apply.
The periods of notice can be negotiated between the employer and the employee, making it longer.
Procedures and Enforcement
Where there is a breach of the Minimum Notice and Terms of Employment Acts 1973 to 2005 by the employer, the employee (as long as within 6 years of the breach) can seek redress by making an application to the Employment Appeals Tribunal. If it is found that the employer had not given the employee proper notice or had not paid the employee properly during the period of notice, the Tribunal may award compensation to the employee. To come to the above conclusion, the tribunal does not only take into account the salary/wages of the employee but also considers other remuneration such as overtime, commission, etc. In a scenario where the employee was on strike or sick during the notice period, then it would not be entitled to any compensation.
The decision of the Employment Appeals Tribunal is conclusive and any aggrieved party dissatisfied with the ruling of the Tribunal can file an appeal with the High Court on a point of law. Also, should the Tribunal request it, the Minister for Jobs, Enterprise and Innovation may refer a question of law arising in proceedings before it to the High Court for determination. In all such cases, the High Court determination shall be conclusive and final.