ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004565

Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00006148-002	20/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00006148-003	20/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00006148-005	20/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00006148-006	20/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00006148-007	20/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000	CA-00006148-008	20/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00006148-009	20/07/2016

Date of Adjudication Hearing: 21/10/2016

Workplace Relations Commission Adjudication Officer: Marguerite Buckley

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 the following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).

Attendance at Hearing:

By	Complainant	Respondent
Parties	Montessori Assistant Manager	Montessori and Family Education Centre

Decision:

Section 41(4) 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.

CA-00006148-002: Final Week’s salary

The Complainant’s case was that she worked in a Montessori and didn’t receive her final week’s salary.

The Respondent agreed that the final week’s salary was not paid.

I award the Complainant the sum of €400.00 gross which is subject to tax in the normal way.

CA-00006148-003: Week in hand

The Complainant’s case is that she worked a week in hand and didn’t get paid this on the final payment.

The Respondent’s case is that no staff employed by her worked a week in hand.

The Complainant was unable to show any proof that she did work the week in hand so I make no award in her favour under this claim.

CA-00006148-005: Terms and Conditions.

The Complainant withdrew her claim under this Act.

CA-00006148-006, CA-00006148-007, CA-00006148-008

The claimant sought her redundancy payment. The Respondent acknowledged that same was due to her.

I am satisfied that the employment of the Complainant with the Respondent was terminated by way of redundancy. The Complainant is awarded a statutory lump sum under the redundancy payments acts and based on the following:

Commencement date 1^st of September 2007
Date of Termination 30^th of April 2016
Gross weekly wage €400.00

The decision is made subject to the Complainant being in insurable employment during the relevant time.

The Respondent agreed that she was not in a position to provide a statement of affairs from her accountant or solicitor proving that she had an inability to pay. The Respondent was making efforts to engage a personal insolvency practitioner to assist her with a statement of affairs to meet the requirements under the Act.

The Respondent confirmed that she employed ten people. This was not disputed by the Complainant. Therefore the provisions under the European Communities (Protection of Employment) Regulations do not apply as the minimum number of employees is twenty for same to apply.

CA-00006148-009: Minimum Notice:

The Complainant gave evidence that she had not received any notice payment.

The Respondent agreed.

The Complainant was between five and ten years service therefore is entitled to four weeks payment. Payment to be made is €400 x 4 = €1,600 being a gross payment due to Complainant.

Dated: 6^th December 2016