ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011233
Parties:
| Complainant | Respondent |
Anonymised Parties | Childcare worker | Crèche |
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-00014853-001 | 08/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00014853-002 | 08/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00014853-003 | 08/10/2017 |
Date of Adjudication Hearing: 16/02/2018
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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, notice pay and failure to provide terms and conditions of employment arising from an abrupt closure of a childcare facility. |
Summary of Complainant’s Case:
The Complainant commenced working with the Respondent on the 22nd August 2016. Her employment ended abruptly on the 23rd of June 2017 when the childcare facility she worked in closed overnight. She worked 40 hours per week for €10.50 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 below. |
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.
In relation to specific complaint CA-00014853-001 I am awarding the Complainant the following sums: 1.€588.00 gross being holiday pay due to her. 2. €420.00 gross being the one weeks’ notice due to her. With regard to specific complaint CA-000014853-002 I am not allowing this complaint as I have already allowed the holiday annual leave pay under the claim reference above. With regard to specific complaint CA-00014853-003 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 ten months. 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 the case in the amount of €840.00. This payment is compensation and is not in the nature of remuneration and should not be taxed accordingly. |
Dated: 31st July 2018
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
No contract |