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Pay In Lieu of Notice and Calculating the Date of Dismissal – How do I handle it?
Published on: 21/06/2022
Issues Covered:
Dismissal Contracts of Employment
Article Authors The main content of this article was provided by the following authors.
Antoinette Vahey Partner, RDJ LLP Ireland
Antoinette Vahey Partner, RDJ LLP Ireland
Antoinette vahey 2022

Antoinette is a Partner, practicing as part of the Employment law team. She brings practical and strategic legal advice to clients in a range of areas such as wrongful and unfair dismissal; discrimination; absenteeism and work related stress; performance management; temporary and contingent workers; collective redundancies; restrictive covenants and severance agreements.

Antoinette represents clients on employment claims in the Workplace Relations Commission, Labour Court and High Court together with gender discrimination claims in the Circuit Court.

Having qualified as a mediator with the Centre for Effective Dispute Resolution in 2013 (specialising in employment and workplace disputes), Antoinette is focused on expanding RDJ’s independent mediation offering to provide the best solution to our clients.

Antoinette is particularly interested in the areas of transfer of undertakings (TUPE ), Vetting and social media in the workplace and has spoken extensively at various events on legislative and other changes in those areas.

She also devises in-house training sessions and policies for clients in respect of grievance and disciplinary matters, dignity at work and social media.

Antoinette Vahey and Hayley Kitson, RDJ LLP considers this question:

“We have an employee who successfully passed their probationary period after six months. However, since then we have noticed a serious decline in the employee’s performance and attitude. We would like to terminate the employee’s contract before they reach 12 months service. However, as their contract provides for 3 months notice, by the time it expires the employee will have just over 13 months service. We have reserved the right to pay in lieu of notice under their contract. How do I handle it?”

The “date of dismissal” issue has come before the WRC for determination on a number of occasions, where an employee seeks recourse to the Unfair Dismissals

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 21/06/2022
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