ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00014941
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00019434-001 | 26/05/2018 |
Date of Adjudication Hearing: 08/10/2018
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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:
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Summary of Complainant’s Case:
The complainant commenced her employment with the respondent college on 15th January 2018. At the time she was studying in Trinity College and was free every afternoon to teach classes. She went for an interview with the respondent on the 15th of January 2018. She was given the job that day. She was asked if she could teach a class that day. She was surprised but she did. In the weeks following that, she asked several times that she be given a contract but none was forthcoming. Despite being told that she would be given her own class to teach she was only covering for other teachers. That meant that her hours were very irregular. The complainant asked several times if she could be given a permanent class to teach. That would guarantee her 9.75 hours per week. Mr. M then offer her a class. She was delighted. However, shortly afterwards Mr. M left the respondent entity. When the complainant made enquiries from her new boss, Ms. M, she was told that the class Mr. M had offered her had been given to someone else. On several occasions after that she noted that the new teachers employed were given their own classes. She felt that she was being treated less favourably because it suited the respondent to have one person on standby to cover for absent teachers. She wrote an email on the 21st of March 2018 requesting a permanent class to teach. In that e-mail she stated that she was having difficulty keeping up with her living expenses due to the irregular hours she was working. Following this e-mail she never heard from the respondent again. |
Summary of Respondent’s Case:
No Appearance |
Findings and Conclusions:
S15.—(1) An employer shall not penalise an employee— (a) for invoking any right of the employee to be treated, in respect of the employee's conditions of employment, in the manner provided for by this Part. I find that the respondent was is breach of Section 15 (1)(a) of the act by virtue of their treatment of the complainant when she tried to ensure that her terms and conditions of employment were not less favourable than the other teachers employed by the respondent. In all the circumstances I award the complainant €2,500.00 compensation.
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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.
The complainant succeeds. I award the complainant € 2,500.00 |
Dated: 16/10/2018
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly