ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017550
Parties:
| Complainant | Respondent |
Anonymised Parties | Cleaner | Cleaning Company |
Representatives |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00022693-003 | 18/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00022693-005 | 18/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022698-001 | 18/10/2018 |
Date of Adjudication Hearing: 20/06/2019
Workplace Relations Commission Adjudication Officer: Caroline McEnery
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The Complainant commenced work with the company on 23 April 2018 and her last day of employment was 17 September 2018. The claim was received by the WRC on 18 October 2018. The Employer did not attend the hearing but received a call from the WRC confirming details of the hearing a few days in advance of the hearing and a letter confirming the hearing details so I am satisfied that they were notified correctly and had an opportunity to attend. |
Summary of Complainant’s Case:
CA-00022698-001 The Complainant states that she did not receive the appropriate payment in lieu of notice of termination of her employment. On her last day of work on 17 September 2018 the Complainant states that she commenced work at 8.30am and finished work at 2pm approximately. She resigned on this day and left before her shift ended. The Complainant states that the Respondent told her she would not be paid for this day as she did not complete all rooms which she was required to clean. The Complainant states that she is owed 5 hours pay because she took 30 minutes break. CA-00022693-003 & CA-00022693-005 The Complainant states that she worked 22 weeks and the Respondent did not pay her holiday pay. The Respondent did not answer any calls or reply to any messages from the Complainant. However, the amount on dispute by the Complainant has been paid since she put in the claim for holiday entitlement therefore these complaints are settled as confirmed by the Complainant at the hearing and was therefore withdrawn.
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Summary of Respondent’s Case:
The Respondent did not attend on the day and was notified correctly.
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Decision:
CA-00022698-001 The Complainant’s evidence was uncontested regarding her claim for outstanding wages. However, as she left work in the middle of her shift and did not return or use the informal process to address this issue no compensation is awarded. CA-00022693-003 & CA-00022693-005 The amount on dispute by the Complainant has been paid since she put in the claim for holiday entitlement therefore these complaints are settled as confirmed by the Complainant and were withdrawn at the hearing. |
Dated: 24th September 2019
Workplace Relations Commission Adjudication Officer: Caroline McEnery