ADJ-00004579

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004579

Dispute for Resolution:  

Date of Adjudication Hearing: 30/11/2016

Workplace Relations Commission Adjudication Officer: Penelope McGrath

In the matter of  

Procedure: 

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of a Provision or Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing. 

The Complainant herein has referred a dispute that she says she has in relation to her entitlements under the Maternity Protection Acts 1994 -2004. This referral has been made within six months of the initial circumstances of the relevant dispute.

Complainant’s Submission and Presentation:

The Complainant had worked with the Respondent’s coffee shop since 2009. The complainant gave oral evidence stating that her earnings were in and around €320.00 nett per week. In November of 2015 the complainant went out on her previously notified maternity leave in the full expectation that she would be returning to the same or a similar position at the expiration of the said protective notice -   which is provided for under Sections 26 and 27 of the Maternity Protection Act of 1994. In and around May of 2016 the complainant indicated her readiness to return to work and was met with a wall of silence and an inability to make contact with her Employer Mr. A either in person or on the phone. The Complainant’s Union Representative tried to engage with her Employer on her behalf and whilst there was a handwritten letter purportedly sent by somebody for the Employer’s side there was no actual engagement beyond that. The Complainant was out of work for 5 weeks after the date that she was meant to return. The Complainant got no notice, no P45 and none of her due Holiday entitlements. The Respondent has to date not engaged with the complainant at any level and she has now moved on to alternative employment.

Respondent’s Submission and Presentation:

The Respondent did not attend the hearing and therefore did not rebut any of the evidence heard. I am satisfied the Complainant was on notice of the hearing date

Decision: 

I have considered the evidence adduced and have attached an appropriate weight to the Complainant’s unrebutted evidence. Having heard the Complainant’s complaint I am satisfied that she has made a cogent case and that her Employer breached the Act. The Complainant is therefore entitled to a compensatory redress under the Act. In light of the length of time that the Complainant was out of work and the failure on the part of Respondent to afford any opportunity to resume her employment I award the amount of €3,500.00.

Dated:   20 March 2017