1. Introduction
Section 4 of the Minimum Notice and Terms of Employment Act 1973 establishes the statutory minimum notice periods that an employer must give to an employee on termination of employment. The notice period varies with length of service, from one week for 13 weeks’ to two years’ service, up to eight weeks for fifteen or more years’ service.
In Mosobalaje v Sandonato Ltd the WRC awarded €450 in compensation for failure to give statutory minimum notice. This article considers the framework of the 1973 Act and the calculation of compensation.
2. Legislation and Case Law
Section 4(2) of the Minimum Notice and Terms of Employment Act 1973 provides the statutory notice periods: one week for 13 weeks’ to two years’ service; two weeks for two to five years; four weeks for five to ten years; six weeks for ten to fifteen years; and eight weeks for fifteen or more years.
Section 4(1) provides that the employer must give notice in writing. Verbal notice does not satisfy the statutory requirement.
Section 7 of the 1973 Act provides that pay in lieu of notice may be given by the employer, calculated by reference to the employee’s normal weekly remuneration.
Section 11 confers complaints jurisdiction on the WRC. Compensation may be awarded by reference to the value of the unpaid notice and any consequential losses.
3. Decision
The WRC examined the complainant’s length of service and the notice (if any) that was given. The complainant was entitled to one week’s statutory notice and had received no notice in writing.
Compensation of €450 was awarded under Section 11 of the 1973 Act, reflecting the value of one week’s pay and a small additional element for the procedural breach.
The decision illustrates the routine application of the 1973 Act framework, with compensation typically aligned to the value of the notice period itself.
4. Takeaway
Employers terminating employment should calculate the statutory notice period based on length of service, give the notice in writing, and either work the notice or pay in lieu in accordance with Section 7.
Employees who have been dismissed without notice or with inadequate notice should lodge a complaint under the 1973 Act within six months of the dismissal. The remedy is independent of any unfair dismissal complaint.
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
Connect: @CrushellLaw or www.wordpress-576593-6594403.cloudwaysapps.com
