Complainant

Respondent

Anonymised Parties

Childcare Worker

Childcare Facility

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00010058-001

06/03/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 30 and 31 of the Maternity Protection Act 1994

CA-00010058-003

06/03/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 30 and 31 of the Maternity Protection Act 1994

CA-00010058-004

06/03/2017

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012

CA-00010058-005

06/03/2017

The complaint lodged under the Organisation of Working Time Act 1997 is that the complainant did not receive her entitlements to annual leave and public holidays under the Act on return from Maternity leave in May 2016. The complaint under the Maternity Protection Act concerns the respondent’s refusal to allow the complainant avail of unpaid maternity leave and their refusal to allow the complainant to return to work on the due date of which she notified the respondent.

The complainant stated that she worked for the respondent from 25^th July 2011. She was on sick leave and maternity leave from 26^th August 2015 and was due back on 11^th May 2016. She had notified the Manager of her intention to return on that date.   She had also requested some unpaid time off, 4 weeks which was refused. The complainant’s Manager then had the complainant return to work on 30^th May 2016. The complainant had not availed of all her annual leave and public holidays were not taken into account during her leave.

The representative of the respondent stated that difficulties had arisen with the particular manager and that all employment practices were being rectified. He agreed that annual leave was not given and that the issue around return to work following maternity leave was not disputed.

CA-00010058-001 Organisation of Working Time Act 1997

Section 22 of the Maternity Protection Act 1994 provides that the entitlements of employees who are on Maternity leave be preserved as if they are not absent from the workplace.                     Section 19 of the Organisation of Working Time Act 1997 provides for the entitlement to paid annual leave and Section 21 of the same Act provides for employees’ entitlements to Public Holidays.           In this case, I find that the respondent has failed to provide the complainant with her statutory entitlements.   In the absence of records from the respondent, I accept that the complainant had 15 days annual leave due to her.   During the period of her absence, there were 7 public holidays as follows: 30/10/2015, 25/12/2015, 26/12/2015, 01/01/2016, 17/3/2016, 28/3/2016 and 1/5/2016.    

I uphold her complaint and require the respondent to pay to the claimant the monetary value of the annual leave which is €1,082, together with the monetary value of the public holidays in the period which is €505.

CA-00010058-003 Maternity Protection Act 1994

The complainant requested additional unpaid maternity leave from her employer as is her right under Section 14 of the Maternity Protection Act 1994 (as amended).   As provided for in Section 32 of the Act, in relation to redress, I uphold her complaint and I require the respondent to pay to the complainant the sum of €722 compensation for the breach of her statutory rights.

CA-00010058-004 Maternity Protection Act 1994

Section 26 of the Act provides for an employee’s entitlement to return to work on expiration of her maternity leave. By not allowing the complainant to return to work until two weeks later than the date she had notified, the respondent failed in their statutory duty to the complainant. I uphold her complaint and in accordance with Section 32 of the Act, I require the respondent to pay to the complainant the sum of €722 compensation.