ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00010333

Complaint(s):

ActComplaint/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-00013392-001 30/08/2017 Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 CA-00013392-002 30/08/2017 Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 CA-00013392-003 30/08/2017 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00013392-004 30/08/2017 Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00013392-005 30/08/2017   Date of Adjudication Hearing: 27/11/2017 Workplace Relations Commission Adjudication Officer: Marguerite Buckley

Procedure:

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

Background:

Claims for pay, holiday pay, public holiday pay, notice pay and unfair dismissal arising from an abrupt closure of a childcare facility.

Summary of Complainant’s Case:

The Complainant commenced work with the Respondent on the 27th of November 2014. Her employment ended abruptly on the 23rd of June 2017 when the childcare facility she worked in closed overnight. She worked eighteen hours per week for €10.00 per hour gross.  

Summary of Respondent’s Case:

There was no attendance for the Respondent.  

Findings and Conclusions:

The childcare facility did close as explained and the complainant is entitled to the awards made.    

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(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. In relation to specific complaint CA/00013392/001 I am awarding the Complainant the following sums: 1.€180.00 being her week in hand 2.€360.00 being holiday pay due to her. 3. €360.00 being the two weeks’ notice due to her.   With regard to specific complaint CA/00013392/002. This is a complaint for unfair dismissal. As redundancy is a defence under the unfair dismissal legislation I find this complaint not well founded. In relation to specific complaint CA/00013392/003. I am not allowing this complaint as I have already allowed the notice under the claim reference above. In relation to specific complaint CA/00013392/004 I have already made provision for the holiday pay above and I am allowing a sum of €240.00 for the public holiday pay which is outstanding. Regarding specific complaint CA/00013392/005 I note that the Complainant did not receive a statement in writing of her terms and conditions of employment despite being employed for more than two and a half years. Under Section 7 (2) (d) I am ordering the Respondent to pay the Complainant compensation that I consider to be just and equitable having regard to all of the circumstances of €720.00. This payment is compensation and is not in the nature of remuneration and should not be taxed accordingly.  

Dated:   02/02/2018

Workplace Relations Commission Adjudication Officer: Marguerite Buckley