Patricia O’Malley v Pallomar Limited [2022]

Posted In: Case Law
  • Decision Number
    ADJ-00029863
  • Legal Body
    Workplace Relations Commission (WRC)
  • Type of Claim / Jurisdiction
    Redundancy, Pay
Issues covered: Notice Pay; Pay in Lieu of Notice; Lay-off

Background

The Complainant was a restaurant manager who was full time and permanent.  Her employment was terminated further to a period of lay-off during the Covid pandemic on 10 August 2020.  The Complainant was not paid in lieu of notice and brought a complaint. 

The facts of the case were largely agreed by the parties that the Complainant was made redundant at the end of her employment with the Respondent.  The Complainant argued that she was entitled to a payment of eight weeks of statutory notice on foot of this redundancy.

The Respondent made two arguments on that front:

  1. that the Complainant had no entitlement to a notice payment under the Minimum Notice and Terms

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This article is correct at 06/10/2022
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Siobhán Lafferty
LK Shields Solicitors LLP

The main content of this article was provided by Siobhán Lafferty. Contact telephone number is +353 1 637 1567 or email slafferty@lkshields.ie

View all articles by Siobhán Lafferty