Page 53 - Workplace Relations Guide to Employment Law

Workplace Relations Commission -
Guide to Employment, Labour and Equality Law

10 Termination of Employment

Minimum Notice All part-time employees, regardless of the
number of hours worked, are also covered by
The Minimum Notice and Terms of the Acts.
Employment Acts 1973 to 2005 provide
that employees in continuous service with The period of notice to which an employee is
the same employer for at least 13 weeks entitled varies according to length of service
are entitled to a minimum period of notice as follows:
before the employer may dismiss them.

Length of Service Minimum Notice
Thirteen weeks to less than two years One week

Two years to less than five years Two weeks

Five years to less than ten years Four weeks

Ten years to less than fifteen years Six weeks
More than fifteen years Eight weeks

The Acts also provide that employers are The Acts do not affect the right of an
entitled to at least one week’s notice of employer or employee to terminate a
termination from employees who have been contract of employment without notice due
employed by them for thirteen weeks or more. to the misconduct of the other party.

Notice entitlements under the contract of The First Schedule to The Minimum Notice
employment may exceed the minimum periods and Terms of Employment Acts 1973 to
stipulated in the Acts but any provision in a 2005 applies for the purpose of ascertaining
contract of employment for shorter periods of the period of service of an employee and
notice than the statutory minimum periods has whether that service has been continuous, for
no effect. The Acts do not, however, preclude an the purposes of a number of the Acts dealing
employer or employee from waiving their right with employment rights.
to notice or accepting payment in lieu of notice.

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