ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00006097
Complaints 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-00008411-001 | 27/11/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00008411-002 | 27/11/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00008411-003 | 27/11/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00008411-004 | 27/11/2016 |
Date of Adjudication Hearing: 23/02/2017
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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.
Attendance at Hearing:
By | Complainant | Respondent |
Parties | An ‘Au Pair’ | A Householder |
Complainant’s Submission and Presentation:
The complainant had been employed by the respondent from May 17th 2016 to September 9th 2016. Her gross pay was submitted as being €387.15 per week. Her average weekly hours were 37.5.
Complaint CA-00008411-001 was withdrawn at the hearing as the outstanding wages due had been paid in the meantime.
Regarding complaint CA-00008411-002 she says she worked days of varying length, but never less than in four hour periods, but she did not receive any breaks.
Regarding complaint CA-00008411-003 she says she did not receive in writing a statement of her terms of employment as required by Terms of Employment (Information) Act 1994.
Regarding complaint CA-00008411-004 she says that on numerous occasions during her employment she was not given eleven consecutive hours rest in any period of 24 hours nor given two 24-hour rest periods in a following week as an alternative.
Also she was not given any holiday entitlement for the period which she submits should be based on a calculation of six hundred hours leading to a total entitlement of €448.
Respondent’s Submission and Presentation:
The respondent did not attained the hearing of provide any explanation for her failure to do so.
Findings and Conclusions
I accept the complainant’s evidence in relation to the various complaints above. She gave credible evidence as to her treatment in the employment of the respondent and I uphold all her complaints.
Decision:
Section 41(4) 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.
As noted Complaint CA-00008411-001 was withdrawn at the hearing.
I uphold complaint CA-00008411-002 under the Organisation of Working Time Act, 1997 and for the denial of breaks in the period of her employment I award her compensation as provided for in the Act in the amount of €500.
I uphold complaint CA-00008411-003 under the Terms of Employment (Information) Act 1994 and award her €850.
I uphold complaint CA-00008411-004 under section 27 of the Organisation of Working Time Act, 1997 and award her compensation of €448 for annual leave not granted and €250 for the denial of rest periods; a total of €698.
All of the above payments are compensation for the beach of the complainant’s rights under the relevant act and are therefore exempt from tax under Revenue Commissioners Guidelines IT71
Dated: 03 May 2017