ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007363
Parties:
| Complainant | Respondent |
Parties | A childcare worker | An early childhood business |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00009682-001 | 13/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00009682-002 | 13/02/2017 |
Date of Adjudication Hearing: 05/07/2017
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 11 of the Minimum Notice & Terms of Employment Act, 1973 and section 6 of the Payment of Wages Act, 1991, 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 respondent’s business closed down for financial reasons and the complainant did not receive her last week’s pay or minimum notice. |
Summary of Complainant’s Case:
The complainant received a text on 30th April 2016 stating that the business was closing with immediate effect due to financial reasons, and that the respondent could not pay the last week’s wages at that time. The complainant was employed from 4th June 2013 and did not receive any payment in lieu of minimum notice. |
Summary of Respondent’s Case:
There was no appearance by or representation on behalf of the claimant. I am satisfied that the claimant was on notice of the hearing having been informed of the date and venue by letter dated 8th June 2017.
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Findings and Conclusions:
Preliminary issue: The complainant’s contract was terminated on 30th April 2016 and the complaint in relation to both payment of wages and minimum notice was not made until 13th February 2017. The complainant stated that she had made a previous complaint in relation to redundancy and had thought at that time that all the issues would be dealt with at that hearing. When making the complaint electronically she encountered difficulties with adding additional complaints. It was not until the hearing in relation to redundancy held on 6th February 2017 that she was made aware that the additional complaints needed to be made separately. She made these complaints as soon as possible after that hearing. It has consistently been held that the length of the delay should be taken into account. A short delay may require only a slight explanation whereas a long delay may require more cogent reasons. Where reasonable cause is shown the it is still necessary to consider if it is appropriate in the circumstances to exercise discretion in favour of granting an extension of time and, in particular if the respondent has suffered prejudice by the delay and also consider if the complainant has a good arguable case. In this instance I am satisfied with the explanation provided by the complainant for the delay and that the respondent’s case has not been prejudiced by the delay. Substantive issues Based on the uncontested evidence of the complainant I am satisfied that the complainant did not receive payment in lieu of notice and that therefore the complaint is well founded and in accordance with Section 4(2)(b) of the Minimum Notice & Terms of Employment Act, 1973 and she is entitled to two weeks’ payment in lieu of notice. Based on the uncontested evidence of the complainant I am satisfied that the complainant did not receive her last week’s wages of €364 and the complaint is well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 11 of the Minimum Notice & Terms of Employment Act, 1973 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the
In accordance with Section 11 of the Minimum Notice & Terms of Employment Act, 1973 I order the respondent to pay the complainant the sum of €728 In accordance with Section 6 of the Payment of Wages Act, 1991 I order the respondent to pay the complainant the sum of €364
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Dated: 24/8/17
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
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