ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00025726
Parties:
| Complainant | Respondent |
Anonymised Parties | Studio Assistant | Fitness Centre |
Representatives | The claimant represented herself |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00032729-001 | 04/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00032729-002 | 04/12/2019 |
Date of Adjudication Hearing: 11/02/2020
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 11 of the Minimum Notice and Terms of Employment Act , 1973 and/or Section 6 of the Payment of Wages Act 1991 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).
Summary of Complainant’s Case:
The claimant was employed as a Studio Assistant with the respondent from the 10 March 2016 to the 6th October 2019. Her gross pay was €129.75 for a 13 hour week. She submitted the respondent was in breach of the Minimum Notice and Terms of Employment Act, 1973 in failing to pay her her statutory entitlement to notice. She further submitted that the respondent had failed to pay her outstanding holidays of 32 hours @ €9.80 per hour. |
Summary of Respondent’s Case:
The respondent did not dispute the evidence of the claimant and stated that he was obliged to close the business owing to financial difficulties. He stated he did not have the money to pay the claimant her statutory notice or her outstanding holidays. |
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 11 of the Minimum Notice and Terms of Employment Act, 1973 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I have reviewed the evidence presented at the hearing and noted that there was no dispute between the parties in relation to the complaint of non compliance with the Act. Accordingly, I uphold the complaint and require the respondent to pay the claimant her statutory entitlement to 2 weeks notice - €259.50
Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I have reviewed the evidence presented at the hearing and noted that the respondent did not contest the evidence of the claimant that she was owed €313.60 in outstanding holiday pay. Accordingly, I am satisfied that this non payment of holiday pay constituted a breach of the Payment of wages Act 1991 and consequently I am upholding the complaint. I require the respondent to pay the claimant €313.60 compensation for this breach.
Dated: 10th March, 2020
Workplace Relations Commission Adjudication Officer: Emer O'Shea