ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011279
Parties:
| Complainant | Respondent |
Anonymised Parties | Childcare Assistant | Creche |
Complaints:
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-00015058-001 | 16/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00015058-002 | 16/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00015058-004 | 16/10/2017 |
Date of Adjudication Hearing: 05/06/2018
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and Section 6 of the Payment of Wages Act 1991, and Section 11 of the Minimum Notice & Terms of Employment Act 1973 and Section 27 of the Organisation of Working Time Act 1997, 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 employed by the respondent from 29th August 2016 until 23rd June 2017 when the business was closed without notice. The complainant was told by the owner’s mother that the facility was no longer operational. She submits that she never received a written contract of employment and that she is entitled to statutory payments of: 1 week in hand 1 week minimum notice pay Payment for 20 hours annual leave accrued and not taken at the cessation of her employment. The complainant was paid €11 per hour for a 40 hour week, according to her uncontested evidence. |
Summary of Respondent’s Case:
The respondent did not attend the hearing or send any representative to state their case. |
Decision:
In accordance with the statutory provisions of the Acts cited above, I require the respondent to pay to the complainant the following sums: €440 for her entitlement to one week’s pay in lieu of minimum notice €440 for one week’s arrears of pay €220 for 20 hours annual leave accrued plus €300 compensation for the breach of the Organisation of Working Time Act 1997. I require the total sum of €1,400 to be paid by the respondent to the complainant within 6 weeks of the date of this decision. |
Dated: 05/09/2018
Workplace Relations Commission Adjudication Officer: Gaye Cunningham