The relevant act which covers these 3 notice related complaints is the Minimum Notice and Terms of Employment Act, 1973.
The 3 complaints which can be brought are:
- Minimum Notice
Did you receive your statutory minimum notice on termination of your employment, if not, did you get paid in lieu?
If not, you might be interested in the following:-
Section 4 of the Minimum Notice & Terms of Employment Act, 1973 (the “1973 Act”) outlines what Notice employers must give employees dependant on length of Employee’s Service
(a) 13 weeks to 2 years = 1 week
(b) 2 years to 5 years = 2 weeks
(c) 5 years to 10 years = 4 weeks
(d) 10 years to 15 years = 6 weeks
(e) More than 15 years = 8 weeks.
The employee can accept payment in lieu of the notice and this is covered under Section 7 of the 1973 Act.
- Your rights during the period of notice
Did you know that under Section 5 of the 1973 Act you are entitled to be paid by your employer under the terms of your contract of employment and shall have rights to sick pay and holidays with pay as per your contract of employment?
- Employers
Did you receive your minimum notice of termination of the contract of employment from your employee?
If not, Section 6 of the 1973 Act states that employees for 13 weeks or longer must provide their employer with one weeks’ notice of termination.
If a greater amount of notice is specified in the contract of employment, then this notice must be given.
If you do not require the employee to work any part of their notice you are obliged to pay them for that period.
However, there is no compensation for the employer for the employee’s failure to provide the required notice.