ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00008121
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | An Employer |
Representatives |
| Fleur O'Shea, ByrneWallace Solicitors |
Complaint(s):
Act | Complaint/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-00010785-001 | 11/04/2017 |
Date of Adjudication Hearing: 28/11/2017
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 andfollowing the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant commenced employment with the Respondent on or about 23 November 2015. The Respondent lives in London but returns to Ireland regularly, to spend time at their property here.
The Respondent recruited the Complainant to work as a housekeeper/caretaker on the property. |
Summary of Complainant’s Case:
The Complainant did not attend the Hearing. Consequently, detail of the complaint is taken directly from her WRC complaint form.
The Complainant stated that she resigned her position on 1 February 2017, giving two months’ notice to 31 March 2017. Following a series of interactions between the Complainant and the Respondent, in relation to an exact date of resignation, it was finally agreed that the Complainant would resign with effect from 3 March 2017.
The Complainant claims that the Respondent refused to provide her with her pay or holiday pay as set out in her contract of employment. |
Summary of Respondent’s Case:
The Respondent attended the hearing and was accompanied at the hearing by a legal representative, who provided a comprehensive response to the Complainant's complaint. However, in the absence of submission from the Complainant on the day, the Respondent's submission is set out below in summary form only.
The Respondent's legal representative asserts, on behalf of the Respondent that the Complainant's complaints are ill founded for the following reasons:
1) The Complainant has now been paid, in full, in accordance with the contractual entitlements, for all work carried out up to and including 2 March 2017. In addition, one day’s annual leave is being paid in relation to 3 March 2017.
2) The Complainant did not work between 4 March and 31 March 2017 (inclusive) and, accordingly, has no right to demand payment for this period.
3) While the Complainant has asserted, in her complaint form, that the Respondent failed to make a payment in respect of any accrued but untaken holiday leave entitlement existing as at the date of termination, she has not invoked the jurisdiction of the Organisation of Working Time Act, 1997.
In these circumstances, it is asserted that the Adjudication Officer does not have jurisdiction to consider this head of complaint. However, for the avoidance of doubt the Respondent asserts that she has complied with their obligations to the Complainant in this regard. According to the Respondent the Complainant used up her holiday entitlement during the currency of employment. |
Findings and Conclusions:
As the Complainant failed to attend, having been duly advised, and prosecute her complaint, no findings can be made. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the case fails for lack of prosecution. |
Dated: 16th July, 2018
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Key Words:
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