ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011711
Parties:
| Complainant | Respondent |
Anonymised Parties | A Child Care Assistant | A Childcare Facility |
Representatives | Blazej Nowak |
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Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00015911-001 | 20/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00015911-002 | 20/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00015911-003 | 20/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00015911-004 | 20/11/2017 |
Date of Adjudication Hearing: 10/04/2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Summary of Complainant’s Case:
The complainant was ‘laid off’ on August 25th 2017 and her employment terminated on January 1st 2018. She served notice to this effect by means of Form RP 9 on November 1st 2017. Under this procedure the respondent has one week to respond with either a reinstatement of the complainant to full employment or to make her redundant in accordance with the terms of the Redundancy Payments Acts.. The respondent did not reply. This is the subject of a separate complaint CA-00015911-001 and 002 relate to breaches of the Terms of Employment (Information) Act. The complainant did receive a statutory statement when she was initially employed (by a different entity, which changes in 2014) but it is defective in a number of respects. It fails to accurately identify the employer, (following the change of employment) the hours of work are not set out properly, there is no information of rest breaks and the pay period for purposes of the National Minimum Wage Act is not properly identified. CA-00015911- 003 relates to a claim for two days’ annual leave not taken. CA-00015911-004 is a claim for payment of for the October Public Holiday.
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Summary of Respondent’s Case:
The respondent says that the company got into trading difficulties which became obvious initially in May 2017. However, it continued to operate while it made alternative plans for a new location but which required planning permission. This was expected to come through in Mid-November but this did not materialise. The temporary lay off on August 25th was by agreement and it was always the respondent ‘s hope that there would be a retune to normal employment by Mid November. The respondent received an email from the complainant on October 5th requesting an update on the situation. The respondent did not reply until October 30th offering a meeting. It is accepted by the respondent that a payment should have been made in respect of the October public holiday. The respondent believed that certain payments had been made to the complainant which were clarified after the hearing as being tax rebates. |
Findings and Conclusions:
All the complaints are upheld. The complainant earned (according to the complaint form) €380 per forty-hour week and my calculations are based on this.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
I uphold complaints CA-00015911-001 and 002 related to breaches of the Terms of Employment (Information) Act and award the complainant one week’s wages in the amount of €380. I uphold complaint CA-00015911- 003 relating to a claim for two days’ annual leave not taken and award the complainant €152. I uphold complaints CA-00015911-04 (in respect of payment for the October Public Holiday and award the complainant one days’ pay; totalling €76.
All awards are subject to normal statutory deductions. |
Dated: 31/07/18
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Lay Off, Redundancy, |