ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012834
Parties:
| Complainant | Respondent |
Anonymised Parties | An Accounts Administrator | A Computer Company |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00016751-001 | 11/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016751-002 | 11/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016751-003 | 11/01/2018 |
Date of Adjudication Hearing: 03/04/2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 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.
Background:
The complainant had been employed by the respondent since 2004. In the course of her maternity leave in 2017 the company moved its base giving rise to a number of complaints. She resigned her employment and claims constructive unfair dismissal and that she is owed payment for annual leave and public holidays. The complaint under the Unfair Dismissal Act was withdrawn as it duplicated another, identical complaint. (A decision has issued on that complaint in Decision ADJ 11927). |
Summary of Complainant’s Case:
The complainant commenced her maternity leave at the beginning of January 2017. She says the respondent company went into examinership shortly afterwards and was acquired by a new owner in February. In July she gave the respondent notice that she intended to avail of the additional period of sixteen weeks maternity leave which would have expired at the end of October 2017. She contacted the respondent a few times and two weeks before her return to work date she was told that the company had moved from Navan to Blanchardstown. She met the respondent on October 24th with her representative and she outlined the difficulties for her associated with the new work location; primarily from the point of view of her child minding arrangements. Her representative wrote to the respondent on November 2nd stating that the complainant ‘had no option but to resign her position’ with the respondent. The letter referred to the meeting of October 24th and complained about the ‘take it or leave it’ attitude of the respondent. The complainant did not get a reply and on November 6th and January 11th separate complaints were lodged with the WRC. (This decision relates to the second of those complaints.) She says she is owed twelve annual leave days which arose during her absence on maternity leave, and also four public holidays; March 17th, April 17th, May 1st and June 3rd 2017. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. No explanation was provided for the failure to do so. |
Findings and Conclusions:
As noted above, the complaint under the Unfair Dismissals Act was withdrawn as it duplicated another, identical complaint which was heard at the same sitting. (A decision has issued on that complaint in ADJ 11927). She is entitled to her annual leave and leave in respect of public holidays and those complaints are upheld. On the basis of the information submitted at the hearing her daily rate was €99.25 and I calculate her entitlement, based on the sixteen days due at €1.588.00 |
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.
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.
Complaint CA-00016751-001 under the Unfair Dismissal Act, 1977 was withdrawn and is dismissed. Complaints CA-00016751-002 and 003 are upheld and I award the complainant €1588.00. |
Dated: 13th July 2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
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