ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009252
Parties:
| Complainant | Respondent |
Anonymised Parties | A Development Worked | A Community Organisation |
Representatives | Limerick Council of Trade Unions | Directors |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00012192-001 | 28/06/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00012192-002 | 28/06/2017 |
Date of Adjudication Hearing: 28/11/2017
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Acts 1969 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The respondent employed the complainant as a support person from 19th of November 2000 until the 31st of March 2017. She was paid €673.07 and worked 35 hours per week. The dispute concerns the alleged non-payment of redundancy in accordance with the industry norm. The parties made oral submission and provided relevant documentation to the hearing. |
Summary of Complainant’s Case:
CA-00012192-001: The complainant submits that she has not received the standard redundancy package for employees in the sector and petitions for a recommendation to ameliorate her situation. There are numerous precedents and relevant Labour Court determinations to justify the same. CA-00012192-002: The complainant submits that she did not receive her statutory entitlement to minimum notice. She received notice of the closure on the 13th of March 2017 and the same took place on the 31st inst. |
Summary of Respondent’s Case:
CA-00012192-001: The respondent submits that it is not able to meet the claim. It is externally funded by the Department of Social Protection. CA-00012192-002: The respondent submits that it is not able to meet the claim. It is externally funded by the Department of Social Protection. It had sought funding for the payment without success. |
Decision/Recommendation:
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. Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
CA-00012192-001: I recommend that the respondent pay the complainant an additional three weeks per year of service in line with sectoral norm. CA-00012192-002: The complaint is well founded and I hereby require that the respondent pay the balance of her entitlement to statutory minimum notice in the amount of €3,365.35 (say three thousand three hundred and sixty five euro and 35 cent) or five weeks-notice. |
Dated: 17th September 2018
Workplace Relations Commission Adjudication Officer: Michael Hayes