ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00005409
Parties:
| Complainant | Respondent |
Anonymised Parties | Childcare worker | Crèche 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-00007454-001 | 05/10/2016 |
Date of Adjudication Hearing: 17/02/2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
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 28th of October 2015. She worked 30 hours a week and received a gross pay of €274.50. |
Summary of Complainant’s Case:
Her claim in relation to non payment of wages in May 2016. The crèche and Montessori were open and being run by the staff, however the company directors stopped coming to work. It was like as if they abandoned the business. The Respondent paid the Complainant’s wages by cheques dated the 11th of May 2016, 20th of May 2016, 24th of May 2016, 3rd of June 2016 and 10th of June 2016. All these cheques were returned from the bank to the Complainant marked “refer to drawer”. They were never honoured. |
Summary of Respondent’s Case:
None. No attendance from the Respondent |
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.
CA/00007454/001 This claim is in relation to pay arising from the turned cheques. The total amount due to the Complainant €1,312.75 and I award her this payment. This is a net payment due to the Complainant as these were net cheques that were not honoured by her employer. The Complainant did not receive any holiday pay on termination of her employment. The Complainant worked 750 hours over her 25 week period of employment in 2016. A calculation of 8% of this amounts to 60 hours. Based on her hourly rate of €9.15 this amounts to €549.00. This is a gross payment which I award to her. The Claimant did not receive notice of one weeks pay. This amounts to €274.50 and I award her this gross payment. |
Dated: 02 May 2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley