ADJ-00014881

Complainant

Respondent

Anonymised Parties

An au pair

An employer

Representatives

Self

Did not attend.

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 24 of the National Minimum Wage Act, 2000

CA-00019372-002

23/05/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00019372-003

23/05/2018

The Complainant was employed by the Respondent from 26/09/2017 to 26/01/2018, she was employed as a child minder / domestic worker.

She was paid €200 per week plus board and lodgings.

The Complainant alleges that she was penalised by her employer when her employer received correspondence from the Workplace Relations Commission informing her that the Complainant had made a complaint that she was not paying her the National Minimum Wage.

“I think I was penalized by my ex employer for claiming my rights under Employment law when she received the letter from the WRC after I contacted them telling them I was not being paid minimum wage etc. I think I also was penalized by my ex employer for wanting to work for somebody else in my free time babysitting.

I think she penalized me when I claimed my right to do so by not permitting me return to the house after babysitting for another family. She (the ex-employer) did not permit me to return to the house until next day so in this way I had to reject the work offer from other family as not only she would not permit me to return to the house if I would go to work for somebody during my free time but also, I was afraid she would fire me”.

The Respondent did not attend the hearing of the complaint and was not represented at the hearing. The Respondent was sent correspondence in relation to the date, time and venue for the hearing on 28th June 2018, this correspondence was sent to the legal representative of the Respondent who had previously notified the Workplace Relations Commission that she was no longer on record for the Respondent 

CA-00019372-002

The Complaint under section 24 of the National Minimum Wage Act, 2000 reads as follows:

“I think I was penalized by my ex employer for claiming my rights under Employment law when she received the letter from the WRC after I contacted them telling them I was not being paid minimum wage etc. I think I also was penalized by my ex employer for wanting to work for somebody else in my free time babysitting.

I think she penalized me when I claimed my right to do so by not permitting me return to the house after babysitting for another family. She (the ex-employer) did not permit me to return to the house until next day so in this way I had to reject the work offer from other family as not only she would not permit me to return to the house if I would go to work for somebody during my free time but also, I was afraid she would fire me. Please I would like to join this complaint to the current complaint I have against the employer for Unfair Dismissal CA-00018676”.

This is the same argument presented by the Complainant in her complaint heard under the Unfair Dismissals Act, 1977 (ADJ – 00013955 / CA – 00018676). The issue of her baby sitting for another family were addressed by another Adjudication Officer in ADJ – 00015498.

The rules in Henderson v Henderson 3 Hare 100, 67 ER 313 apply. Given all the circumstances of this complaint I believe the Complainant’s conduct in making this complaint is an abuse of process.

The complaint is not well found.

CA – 00019372 – 003.

This complaint referred under section 6 of the Payment of Wages Act, 1991 should have been made under section 12 of the Minimum Notice and Terms of Employment Act, 1973.

The Complainant should have been given notice of one week in accordance with this legislation. I note that she has a contracted entitlement to two weeks’ notice and I now order the Respondent to pay her compensation of 2 weeks payment in lieu of notice. This amounts to €400.

As outlined above.