ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007739
| Complainant | Respondent |
Anonymised Parties | Montessori Worker | Montessori and Childcare Centre |
Representatives | Self | None |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00010274-001 | 16/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00010274-002 | 16/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00010274-003 | 16/03/2017 |
Date of Adjudication Hearing: 19/06/2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant worked for a Montessori and Childcare Centre which was closed without any notice by the owner over a bank holiday weekend. |
Summary of Complainant’s Case:
CA-000010274-001 The claimant sought her redundancy payment.
CA-000010274-002 The Complainant’s case is that she didn’t receive her notice pay on termination of her employment.
CA-000010274-003: Final Week’s salary The Complainant’s case was that she didn’t receive her final week’s salary.
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Summary of Respondent’s Case:
There was no attendance from the Respondent who had attended earlier cases in relation to other Complainants who had brought similar claims. I checked the file and there was a copy letter on it notifying the Respondent of the hearing date and time. |
Findings and Conclusions:
CA – 00010274-1: Redundancy I am satisfied on hearing the evidence presented to me that the employment of the Complainant with the Respondent was terminated by way of redundancy.
CA – 00010274-2: Notice Having heard the Complainant’s reasons for the late filing of her claim, I have allowed her an extension of time under Section 41(8) of the Workplace Relations Act 2015 as I am satisfied that the failure to present the complaint was due to reasonable cause. The Complainant succeeded in this complaint.
CA – 00010274-3: Pay Having heard the Complainants reasons for the late filing of her claim, I have allowed her an extension of time under Section 41(8) of the Workplace Relations Act 2015 as I am satisfied that the failure to present the complaint was due to reasonable cause. The Complainant succeeded in this complaint.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA – 00010274-1 The Complainant is awarded a statutory lump sum under the redundancy payments acts and based on the following: Commencement date 27th March 2013 Date of Termination 30th of April 2016 Gross weekly wage €380.00 The decision is made subject to the Complainant being in insurable employment during the relevant time. CA – 00010274-2 The Complainant had between two and five years service therefore is entitled to two weeks payment. Payment to be made is €380 x 2 = €760 being a gross payment due to Complainant. CA – 00010274-3 I award the Complainant a payment of €380.00 gross in respect of her last weeks pay which she did not receive from her employer. |
Dated: 13th July 2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words: