Texting Trouble: The Importance of Notice Periods
Upholding employee rights and adhering to statutory requirements during notice periods is crucial. Even if an employer feels aggrieved by an employee’s resignation, it is vital to be aware that employment rights remain intact throughout the notice period. A recent WRC case highlights the financial and reputational risks of non-compliance during this critical time.
Ms Yewande Mosobalaje took a stand for her notice period rights by filing a WRC claim against her former employer, Sandonato Ltd t/a Lennox Fish and Chips. After starting her job in September 2023, Ms Mosobalaje gave two weeks’ verbal notice on 12th May 2024, which was accepted by Mr C on behalf of the employer. However, at 11.40pm the next day, he sent a text message stating there was no need to work her notice. Left without pay after 16th May, Ms Mosobalaje decided to take action by raising a WRC claim for notice pay. The respondent did not attend the hearing or provide an explanation for their absence.
As the complainant had eight months’ service, the WRC Adjudication Officer determined that the statutory notice, as per the Minimum Notice and Terms of Employment Act 1973, was one week. Concluding the respondent had wrongfully withheld the wages for this notice period, the officer ordered Sandonato Ltd to pay €450 to Ms Mosobalaje.
Takeaways for Employers
While it is possible for an employer to fairly dismiss an employee without notice, strict requirements must be met. For instance, a contractual right to dismiss without notice may apply in cases of gross misconduct. Additionally, there are alternatives to working the notice period, such as PILON (pay in lieu of notice).
Bright Contracts clients benefit from comprehensive templates for employee contracts, with various options in the Notice clause, including dismissal without notice, PILON, and alternative duties. These provisions offer flexibility and clarity for employers. Please contact us to learn more about the helpful resources and support we can offer you.
