ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023102
Parties:
| Complainant | Respondent |
Anonymised Parties | A Creche Worker | A Creche |
Representatives | Sarah Sharpley North Connacht & Ulster Citizens Information Service | No Appearance |
Complaint(s):
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-00029708-001 | 16/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029708-002 | 16/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00029708-003 | 16/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00029708-004 | 16/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00029708-005 | 16/07/2019 |
Date of Adjudication Hearing: 22/10/2019
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 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 Complainant worked for the Respondent as a child care worker and was informed the day before it occurred that the Respondent’s business would be shutting down and that her employment would end. |
Summary of Complainant’s Case:
CA-00029708-001 – Pay. The Complainant was owed outstanding wages of one week, €275.62 CA-00029708-002 – T&C. The Complainant was not provided with a written contract or statement of her terms and conditions of employment CA-00029708-003 – MN. The Complainant did not receive any notice of the termination of her employment. She was working in excess of 6 years and therefore claims 4 weeks gross pay, €1102.48 CA-00029708-004 – OWT – Hols. The Complainant was owed 6 days annual leave at the termination of her employment and claims €330.72 CA-00029708-005 – Redundancy The Complainant’s employment was terminated because the Respondent’s business was shut down and the Respondent no longer required the services of the Complainant. The Complainant’s relevant details for this claim are set out as follows: Commencement date: 2 January 2013 End of Employment: 19 April 2019 Gross weekly pay: €275.62 |
Summary of Respondent’s Case:
No Appearance |
Findings and Conclusions:
I am satisfied that the Respondent was properly on notice of the Adjudication and did not appear at the hearing. I have considered the uncontested evidence of the Complainant and find that each of the complaints are well founded and that the Complainant is entitled to a remedy in respect of each complaint. |
Decision:
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 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00029708-001 – Pay. I find this complaint to be well founded and award the Complainant; Award: €275.62 CA-00029708-002 – T&C. On the uncontested evidence of the Complainant I find that the Complainant was not issued with written terms and conditions of employment and that the complaint is well founded. In respect of this complaint I award two weeks gross salary. Award: €551.24 CA-00029708-003 – MN On the uncontested evidence of the Complainant I find that the Complainant received no notice of the fact that her employment would terminate. I find this complaint to be well founded and I award the Complainant four weeks salary: Award: €1102.48 CA-00029708-004 – OWT/Hols On the uncontested evidence of the Complainant I find that she was not paid her annual leave entitlements (of 6 days) and I find her complaint to be well founded and make the following award: Award: €330.72 CA-00029708-004 – Red. I am satisfied that a redundancy situation existed on 19 April 2019 and that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of her employment and based on the following facts: Commencement date: 2 January 2013 End of Employment: 19 April 2019 Gross weekly pay: €275.62 |
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Dated: 12th December 2019
Workplace Relations Commission Adjudication Officer: Emile Daly