Period of Unpaid Lay-Off Disregarded in Calculating Payment In Lieu of Notice

Facts: The Complainant was employed by the Respondent from November 1989 until March 2020 when she was was laid off due to the Covid-19 pandemic. She received the Pandemic Unemployment Payment (PUP) during this period, and was then made redundant in August 2020. The Complainant was not paid anything by way of notice payment. The Complainant submitted that she was entitled to payment in lieu of notice which she had not received.

Error in Complaint Form: The Adjudicator was satisfied that although the Complainant had mistakenly selected redress under the Redundancy Payment Acts on her Complaint Form, she (the Adjudicator) was entitled to hear the complaint as a complaint under the Minimum Notice and Terms of Employment Acts 1973-2005 (the “Acts”). It was clear from the Complaint Specific Details and from the Complainant’s submissions that her complaint was one seeking payment in lieu of notice pursuant to the Acts. The Respondent was on notice of the nature of the complaint and fully defended the allegation in its submissions. Both parties canvassed issues relating to the non-payment of notice at the hearing of the matter and the Adjudicator was satisfied that the Respondent did not suffer any prejudice as a result of the error.

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