ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00011046
Parties:
| Complainant | Respondent |
Anonymised Parties | A child care assistant | A creche |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00014783-001 | 04/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00014783-002 | 04/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00014783-003 | 04/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00014783-004 | 04/10/2017 |
Date of Adjudication Hearing: 06/12/2017
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Summary of Complainant’s Case:
The Complainant worked as a child care assistant in a crèche for the Respondent from October 2012. The crèche shut on 23 June 2017 without warning. The Complainant was not paid minimum notice, holidays that she was owed and a back week in wages. |
Summary of Respondent’s Case:
No appearance |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
CA-00014783-001 Unfair Dismissal complaint. This was a redundancy situation. The Complainant received statutory redundancy prior to the hearing and withdrew the complaint of unfair dismissal CA–00014783-002 Payment of Wages complaint The Complainant was not given notice of the termination of her employment, which she was entitled to. As she was entitled to 2 weeks. The failure to pay her is in breach of the Payment of Wages Act 1991. Accordingly for this breach I award the Complainant €441.00 Also the Complainant was not paid for a back week in wages. This deduction is in breach of the Payment of Wages Act 1991 and I find this complaint to be well founded. Accordingly, for this breach, I award the Complainant the amount of €219.48. The total award under this complaint heading is €660.48 CA–00014783-003 Holiday Pay complaint The complaint under the Organisation of Working Time Act is for the holidays for which the complaint was entitled during the time that she worked in the employment. Under this heading her holidays are calculated at 8% of hours worked within the leave year. I find this complaint to be well founded and under this heading I award the Complainant €352.80. CA–00014783-003 Holiday Pay complaint As this is a duplication of the complaint under CA-00014783-003, I dismiss this complaint |
Dated: 5.4.18
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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