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D. Cases

The Minimum Notice and Terms of Employment Act set out requirements in relation to giving and receiving notice as an Employer. It places obligations on both the Employer and the Employee in relation to notice. If the contract of employment requires different notice periods, the greater of the two must be given.   Many Employers seek to impose longer notice periods by agreement with an Employee, usually through the contract.  Where a longer period of notice is agreed, this must not disadvantage an Employee.  

Organisations must be cognisant of the fact that when they are setting notice periods, that these must be fair and reasonable, in line with custom and practice, and ensuring the correct notice period is paid to an Employee,  

By examining legislation and previous case law Organisations are able to more adequately understand how employment law applies in the area of giving and receiving notice. There are cases below relating to notice periods which Organisations should be aware of, and summaries of these cases with key considerations to be taken when applying notice periods.

Below are a selection of Notice cases from 2009 - 2012 the team at Adare Human Resource Management have compiled for your viewing. Some are private viewing for our members. To access the archive of cases please log in or sign up to Linea.

MN307 - Employee v Employer - Importance of Paying Correct Notice
IEHC524 - McCarthy v Breeo Foods Limited, Reox Holdings Plc and Dairygold Cooperative Society Limited
P9237 - Carey v Independent Newspapers (Ireland) Ltd - Custom and Practice and Notice Periods

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