Terms of Employment and Notification of Changes
1. Introduction Section 5 of the Terms of Employment (Information) Act 1994 requires that any change to the particulars provided under Section 3 be notified to the employee in writing within one month of the change taking effect. The obligation applies whether the change is a unilateral employer decision, a negotiated variation, or a statutory
Read MoreTerms of Employment and Continuing Contraventions
1. Introduction A persistent failure to provide a written statement of terms gives rise to a continuing contravention of the Terms of Employment (Information) Act 1994. This affects the calculation of the cognisable period for complaints and may extend the period for which compensation is available. In Ryan v Smart School Accounting Ltd the WRC
Read MoreMinimum Notice and the Thirteen Week Threshold
1. Introduction Section 4 of the Minimum Notice and Terms of Employment Act 1973 requires thirteen weeks’ continuous service before statutory notice is payable. This is the lowest service threshold of any major employment statute and gives substantial protection at the early stage of employment. This article considers the calculation of the thirteen-week period, its
Read MoreMinimum Notice and Statutory Notice
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
Read MoreMinimum Notice and Probationary Periods
1. Introduction The interaction between probationary periods and the statutory notice framework has been clarified by recent WRC decisions. In Gourley v Mason Hayes & Curran LLP the WRC considered whether a probationary employee with thirteen weeks’ service was entitled to statutory notice. This article considers the threshold for statutory notice during probation, the interaction
Read MoreUnfair Dismissal and Capability
[gdlr_core_space height=”30px”] 1. Introduction Capability dismissals — dismissals on the ground that the employee is no longer able to perform the duties of the role, typically by reason of ill health — are recognised by Section 6(4)(a) of the Unfair Dismissals Acts 1977 to 2015 as a potential basis for a fair dismissal. The procedural
Read MoreMinimum Notice and Payment in Lieu
1. Introduction Pay in lieu of notice is permitted under Section 7 of the Minimum Notice and Terms of Employment Act 1973, but only where the contract provides for it or the employee consents. Where pay in lieu is given, it must be calculated by reference to normal weekly remuneration including all regular components of
Read MoreUnfair Dismissal and Calculating Compensation
1. Introduction The case of Caroline O’Connell v Lionbridge International Unlimited Company (ADJ-00057077), decided in 2025, has attracted particular attention as one of the WRC’s recent high-value unfair dismissal decisions. The Adjudication Officer awarded the Complainant compensation of €142,984 having found, on the basis of conceded liability, that the dismissal was without cause within the
Read MoreMinimum Notice and Continuous Service
1. Introduction Continuous service is the foundation of the statutory notice framework. The First Schedule to the Minimum Notice and Terms of Employment Act 1973 sets out detailed rules on what counts as continuous service, including the effect of absences, transfers between associated employers, and re-employment after dismissal. This article considers the rules on continuous
Read MoreUnfair Dismissal and Authority to Dismiss
1. Introduction The case of Wim Naude v University College Cork (ADJ-00042625) is included in the WRC’s 10-Year Anniversary Case Report as a leading example of a dismissal that, although nominally founded on substantial grounds, was vitiated by a fundamental procedural failure: the dismissal had been effected by a person who lacked the authority to
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