ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001336
Complaint(s)/Dispute(s) for Resolution:
|
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 30 and 31 of the Maternity Protection Act 1994 |
CA-00001736-005 |
04/01/2016 |
Date of Adjudication Hearing: 27/04/2016
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, and Section 30 and 31 of the Maternity Protection Act 1994 following the referral of the complaint) to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Complainant’s Submission and Presentation:
I started my work in February 2015, I asked and emailed about my contract, but never got it until revenue and social control in June. And I received my contract in July. Always was problem with payments and payslips... When I applied for mortgage I asked for certificate of income and payslips and I never got until in October my Boyfriend went to the restaurant to collect, but two payslips are missing from September week 36 and 37 I still didn’t get, and the rest of payslips are wrong because was cash payments and on the payslips are cheque ( never was cheque) I asked lots of time employer I needed for mortgage pepper I worked on the site from February because on my bank account are lodgement and bank don’t know from where I have that cash, he never got me and never corrected the payslips. From December he closed site where was my place to work and move me on the restaurant. On from November and December I didn’t get payslips and transfer are wrong and two is missing, anyone of public holiday and bank holiday weren’t pay... I’m pregnant and I couldn’t go back to work Also I m on the sick leave and the employer didn’t fill and sent back documents required for maternity, But now it is 6 weeks to the maternity and Look mam no hands still didn’t sent it to me. |
Respondent’s Submission and Presentation:
The respondent was not present at the hearing and no submission was received.
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. Section 31 of the Maternity Protection Act 1994 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Section 32 of that Act.
Issues for Decision:
The complaint referred to me by the Director General is confined to alleged breaches of the Maternity Protection legislation. Accordingly, I am not permitted to inquire into alleged breaches of other legislation presented by the complainant in her submission.
Decision:
In the Complainant’s submission she stated that that the respondent did not return forms to the Department of Social Protection required to process her maternity benefit. At the hearing she confirmed that the respondent had eventually done so. In any event the administrative requirements required for the payment of maternity benefit are a matter for the Department of Social Protection to pursue.
Therefore the claim under the Maternity Protection Act 1994 is dismissed.
Dated: 06/10/2016