Complainant

Respondent

Anonymised Parties

An Employee

A Voluntary Organisation

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00016815-001

18/12/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00016815-002

18/12/2017

The Respondent is a voluntary organisation based in the community sector. It was set up in 1993 to provide services to unemployed jobseekers. The Respondent forms part of the Irish Congress of Trade Unions (ICTU) network of resource centres. The Board of Management was made up exclusively of nominees from the local Council of Trade Unions.

The Respondent provided a Community Employment Scheme, a Jobs Club and a Jobs Initiative programme. All of these programs are funded through FAS until the transfer of job activation programs and initiatives to the Department of Social Protection in January 2012.

In May 2017, the Department of Social Protection, which has overall responsibility for Community Employment Scheme programs, terminated the Respondent’s contract to deliver certain services through its Community Employment Scheme and Jobs Club programs.

The employment contracts of all staff members were terminated on 12 May 2017.

The Complainant had worked for the Respondent for 17 years, in the role of CES Supervisor, when her employment ceased on 12 May 2017.

The Complainant claims that she did not receive her minimum notice of eight weeks and was also owed ten days’ holiday pay at the time her contract was terminated.

The Complainant calculates that her Minimum Notice entitlement, based on service, amounts to €6,180.00. She further calculates her ten days’ holiday pay at €1,545.00. This gives a total owed of €7,725.00.

In accordance with the Minimum Notice in Terms of Employment Act, 1973, the Complainant is seeking payments of the above amount in line with her statutory entitlements in this regard.

In accordance with Section 27 of the Organisation of Working Time Act, 1997, the Complainant is seeking payment for ten days’ holiday play in line with the statutory entitlements in this regard.

The Respondent stated that due to running costs which were not fully recoverable, they had significant including a large overdraft, rent arrears and tax owed. The Respondent stated that the Directors made considerable efforts to secure the continuation of the centre and entered into negotiations with representatives of the Department of Social Protection in November 2016.

The Respondent stated that the Complainant was made redundant when the Department of Social Protection terminated the Respondent's contract to deliver certain services through its Community Employment Scheme and Jobs Club programs in May 2017.

The Respondent stated that the Department of Social Protection (now the Department of Employment Affairs and Social Protection) was the sole funding body for the Respondent and the programs it delivered.

The Respondent stated that it is now in the process of becoming insolvent and is unable to pay the Complainant's claims for notice and holiday pay. They further stated that they had applied to the Department for funds to pay the Complainant's claim, but this was refused.

In conclusion, the Respondent stated that, while it notes the Complainant's claims, it is not in a position to pay them due to its financial situation.

Having carefully considered the evidence presented on behalf of the Complainant, I am satisfied that her claims in relation to minimum notice and holiday pay are valid, in line with her statutory entitlements in this regard. This is also acknowledged by the Respondent.

Consequently, I am satisfied that the Complainant is entitled to the amounts set out in her complaint under Sections 4.(1) and 4.(2) (e) of the Minimum Notice and Terms of Employment Act 1973, in respect of her claim for minimum notice and under Section 23.(1) (a) of the Organisation of Working Time Act, 1997, in respect of her claim for outstanding holiday pay.

Having carefully considered all of the evidence adduced and based on the considerations/findings as detailed above, I find in favour of the Complainant as follows:

CA-00016815-001:

The Complainant is entitled to a payment of €6,180.00 in respect of her claim for minimum notice.

CA-00016815-002:

The Complainant is entitled to a payment of €1,545.00 in respect of her claim for outstanding holiday pay.

The above amounts are subject to the normal statutory deductions that apply in such cases.