this video I want to take a look at something that I'm regularly asked by
both employer and employee as that is how much noise do I have to give this is
a question that comes up regularly as I say it's from both employers and
employees that's wrong we'll look at in this video
okay the relevant statute in relation to notice is the minimum notice in terms of
Employment Act 1973 it sets out a minimum statutory period of notice now I
emphasize statutory because there may be contractual periods of Norris as well
which exceed the statutes but from a statute perspective if there's nothing
in the contract then the minimum Norris that you are entitled to as an employee
is one week if you've walked for less than two years
if you've walked for more than two years or less than five years you're entitled
to two weeks if you've walked for more than five were
less than ten weeks you have been taken to four weeks if it works for more than
10 and less than 15 entitled to six weeks and more than fifteen weeks or
more than fifteen years of continuous service in the employment you're
entitled to eight weeks now I will stay it again and emphasize that they are the
minimum statutory entitlements if the contract of employment says something
else that is greater than those minimum periods or than that applies in relation
to the employee giving notice to the employer the minimum is one week but
again I would emphasize that the contract may take or may supersede the
statute by giving a greater period so the contract could say for example both
parties are obliged to give one month or three months or two months or whatever
if that's the case well that's the case now both employer and employee can agree
to waive the notice period so if you're an employee and you're have been offered
a new job and the new job wants you to start in a fortnight I used to give a
month's notice period the employer your existing employers can waive his rights
or rights to the notice period of same one month or whatever Section eight ten
of the Act sets out that there is no notice period that the employer has to
give in case of misconduct however I would caution
employers against trying to rely on this because the misconduct would want to be
fairly gross fairly egregious fairly grave in order to justify no notice
whatsoever I would guard against this complaint
stand in relation to the novus period and not being given are made to the WRC
the workplace relations commission they can award award compensation to the
employee for the failure by the employer to give the statutory minimum notice or
indeed the contractual notice the employee can sue the employer for breach
of contract in relation to notice in other words if the notice period in the
contract is say three months and only one month or two weeks or one week is
given then the employee can bring a claim to the civil courts and sue for
breach of contract and he or she will probably be awarded the remainder of the
normos period that they are entitled to in courts both ways though the employer
can sue the employee for the employees failure to give the required contractual
notice period now it's probably unlikely to happen in practice because from
practical point of view if an employee gives two weeks notice where he or she
is obliged to give four weeks notice then the employee hasn't worked for two
weeks that they are obliged to work for and the hasn't got paid but from an
employer's perspective they may well just decide to let it slide and not
bother pursuing us however theoretically they can sue for breach of contract
clearly they would have to show that if so for the loss etc as a result of the
failure by the employee to abide by the contract and give the required
contractual notice period I hope you find this useful my name is Terry Jory
I'm a solicitor in an Fela County Meade if you do find it useful please give us
a thumbs up down below or maybe share with your friends and you might be
interested in subscribing to my YouTube thanks for watching