ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00005406
| Complainant | Respondent |
Anonymised Parties | Childcare worker | Creche and Montessori |
Complaint(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-00007326-001 | 03/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00007326-002 | 03/10/2016 |
Date of Adjudication Hearing: 17/02/2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Location of Hearing: The Mullingar Park Hotel
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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).
Background:
The Claimant is a childcare worker. She commenced working with the Respondent on the 1st of May 2012.
Her employment ended on the 23rd of June 2016. She worked 20 hours a week and received a gross pay of €200.00. |
Summary of Complainant’s Case:
Her complaint is that the Respondent stopped paying wages in May 2016. The crèche and Montessori was still open and being run by the staff, however the company directors just stopped coming to work. It was like as if they abandoned the business. A company director did engage with the legal representation for the Complainant after correspondence had issued by her. |
Summary of Respondent’s Case:
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Regarding complaint CA/00007326- 001
The Complainant wasn’t paid for four weeks wages and I award her €800.00 gross.
The Complainant had worked 25 weeks before the termination of her employment. I calculate that working 20 hours a week for 25 weeks is 500 hours. Using the calculation of 8% of the hours worked amounts to 40 hours at her hourly rate of €10.00 an hour, she is entitled to a holiday payment of €400.00 gross which I award to her.
The Claimant did not receive any notice. She is entitled to two weeks’ notice which is €400.00 gross and I award same.
Regarding complaint CA-00007326-002
Having heard and considered the uncontested circumstances of this case, I am satisfied that the employment of the Complainant with the Respondent was terminated by way of redundancy. Accordingly my decision is that the Complainant is entitled to a statutory lump sum under the Redundancy Payments Acts 1967 to 2007 based on the following date;
Date of commencement 1st of May 2012 Date of termination 23rd of June 2016 Gross weekly wage €200.00
This decision is made subject to the Complainant being in insurable employment during the relevant time.
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Dated: 25th April 2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Unpaid wages, notice, redundancy |