ADJUDICATION OFFICER DECISION
CORRECTION ORDER ISSUED PURSUANT TO SECTION 41 OF THE WORKPLACE RELATIONS COMMISSION ACT, 2015
This Order corrects the original decision issued on 16 October 2018 and should be read in conjunction with that Decision.
Adjudication Reference: ADJ-00013193
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | An Employer |
Representatives |
| Did not attend |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 30 and 31 of the Maternity Protection Act 1994 | CA-00017287-003 | 05/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00017287-004 | 05/02/2018 |
Date of Adjudication Hearing: 01/05/2018
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 30 and 31 of the Maternity Protection Act 1994 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 commenced employment with the respondent on 1 May 2014 under the company name of Rombis Cleaning Ltd. On 1 February 2017, the company changed to the current company name. The complainant holds the position of cleaner with the respondent company. She states that her hourly rate of pay was €10.05 per hour. |
Summary of Complainant’s Case:
The complainant states that in February 2017 she requested a contract from the respondent but she did not receive it until January 2018. In said contract she states that there is a signature under her printed name but it is not her signature and she submits that a person in administration filled in her name on the contract. The complainant also states that the respondent did not sign off on the appropriate documentation to enable the complainant access maternity benefit. The complainant gave the necessary documentation to her supervisor in December 2017 regarding her maternity benefit however, the supervisor never followed through on same. The complainant gave birth to her baby on 29 March but she states that she could not access maternity benefit due to the respondent not submitting the appropriate forms.
|
Summary of Respondent’s Case:
The respondent did not engage with the WRC nor did it attend the hearing. I am satisfied that the letter regarding the date of hearing was sent to the respondent’s correct address. |
Findings and Conclusions:
Terms of Employment (Information Act) 1994 I am satisfied based on the uncontested evidence of the complainant that she did not receive a contract of employment within the specified time-frame set out in the Act. Accordingly, I award the complainant €500 in compensation for said breach of the Act.
Maternity Protection Act 1994 The complainant is entitled to receive maternity benefit. |
Decision:
Section 41 of the Workplace Relations Act 2015, Section 30 and 31 of the Maternity Protection Act, 1994 require that I make a decision in relation to the complaints in accordance with the relevant redress provisions under the Acts.
Terms of Employment (Information Act) 1994 I am satisfied based on the uncontested evidence of the complainant that the complainant is entitled to €500 compensation for non-receipt of a contract of employment within the specified time-frame set out in the Act.
Maternity Protection Act 1994 The complainant is entitled to receive maternity benefit. |
Dated: 16th October 2018
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013193
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 30 and 31 of the Maternity Protection Act 1994 | CA-00017287-003 | 05/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00017287-004 | 05/02/2018 |
Date of Adjudication Hearing: 01/05/2018
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 30 and 31 of the Maternity Protection Act 1994 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 commenced employment with the respondent on 1 May 2014 under the company name of Rombis Cleaning Ltd. On 1 February 2017, the company changed to the current company name. The complainant holds the position of cleaner with the respondent company. She states that her hourly rate of pay was €10.05 per hour. |
Summary of Complainant’s Case:
The complainant states that in February 2017 she requested a contract from the respondent but she did not receive it until January 2018. In said contract she states that there is a signature under her printed name but it is not her signature and she submits that a person in administration filled in her name on the contract. The complainant states that she was not paid for hours worked in December 2017 and January 2018 nor was she paid for the first 8 days of February 2018 which she had worked. The last payslip she received was in November 2017. The complainant also submits that she was not paid for annual leave which she was entitled to. The complainant also states that the respondent did not sign off on the appropriate documentation to enable the complainant access maternity benefit. The complainant gave the necessary documentation to her supervisor in December 2017 regarding her maternity benefit however, the supervisor never followed through on same. The complainant gave birth to her baby on 29 March but she states that she could not access maternity benefit due to the respondent not submitting the appropriate forms.
|
Summary of Respondent’s Case:
The respondent did not engage with the WRC nor did it attend the hearing. I am satisfied that the letter regarding the date of hearing was sent to the respondent’s correct address. |
Findings and Conclusions:
Terms of Employment (Information Act) 1994 I am satisfied based on the uncontested evidence of the complainant that she did not receive a contract of employment within the specified time-frame set out in the Act. Accordingly, I award the complainant €500 in compensation for said breach of the Act.
Payment of Wages Act On the day of hearing, the complainant submitted that she was owed wages by the respondent as follows; December 2017 – 128 hours = €1,280 January 2018 – 123 hours = €1,230 February 2018 – 22 hours = €220
Having examined the complaint form, I find that there is no valid complaint under the Payment of Wages Act before me and consequently this complaint cannot succeed.
Organisation of Working Time Act, 1997 At the hearing, the complainant states that the respondent breached the above Act as follows; Holiday Hours From 1 January 2017 – 31 December 2017, complainant states she is entitled to 158 hours Respondent only paid 54 hours therefore complainant maintains she is entitled to be paid the balance of 104 hours Having examined the complaint form, I find that there is no valid complaint under the Organisation of Working Time Act before me and accordingly, this complaint cannot succeed.
Maternity Protection Act 1994 The complainant is entitled to receive maternity benefit. |
Decision:
Section 41 of the Workplace Relations Act 2015, Section 30 and 31 of the Maternity Protection Act, 1994 require that I make a decision in relation to the complaints in accordance with the relevant redress provisions under the Acts.
Terms of Employment (Information Act) 1994 I am satisfied based on the uncontested evidence of the complainant that the complainant is entitled to €500 compensation for non-receipt of a contract of employment within the specified time-frame set out in the Act.
Maternity Protection Act 1994 The complainant is entitled to receive maternity benefit. There are no valid complaints before me in relation to the Payment of Wages Act and the Organisation of Working Time Act, accordingly these complaints cannot succeed.
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Dated: 16/10/2018
Workplace Relations Commission Adjudication Officer: Valerie Murtagh