ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008855

Parties:

	Complainant	Respondent
Anonymised Parties	A Cleaner	A Public House

Representatives

Louisa C. Mckeon Rhatigan & Company Solicitors

Conor O'Boyle and Associates

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00011776-001	07/06/2017

Date of Adjudication Hearing: 06/11/2017

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The respondent employed the complainant as a cleaner from 22nd of September 2014 until the 29th of December 2016. She was paid minimum wage and worked 10 hours per week. The complainant made oral submission to the hearing.

Summary of Complainant’s Case:

The complainant submits that she agreed that she would return to work in January 2017 following her maternity leave. When she contacted the respondent in the matter she was informed that there was no position for her as it had been given away as her leave had to be covered. Thereafter she was issued with a P45 dated the 29th of December 2016.

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 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

I find that the complaint is well founded. The appropriate redress is compensation and I hereby require that the respondent pay the complainant €4,500 (say four thousand five hundred euro) for breach of the Act.

Dated: 09 August 2018

Workplace Relations Commission Adjudication Officer: Michael Hayes