ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024680
Parties:
| Complainant | Respondent |
Anonymised Parties | A childcare worker | A childcare service |
Representatives | North Connacht & Ulster Citizens Information Service | Unrepresented |
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-00031371-001 | 04/10/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00031371-002 | 04/10/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00031371-003 | 04/10/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00031371-004 | 04/10/2019 |
Date of Adjudication Hearing: 25/02/2020
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 did not receive a redundancy payment on the closure of the business, and did not receive minimum notice. She was not given a copy of her terms and conditions. |
Summary of Complainant’s Case:
The complainant was employed as a Childcare Practitioner with the respondent from 5th October 2005 until 19th April 2019 when the business closed. She did not receive written terms and conditions of employment at any stage. She did not receive the required statutory notice. She did not receive any redundancy payment. The claim under the Payment of Wages Act, 1991 was withdrawn at the hearing. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
Findings and Conclusions:
I am satisfied that the respondent was on notice of the hearing, that the non-attendance has not been explained to my satisfaction. CA-00031371-001 - Payment of Wages Act, 1991 This complaint was withdrawn at the hearing CA-00031371-002 - Minimum Notice Section 4 of the Minimum Notice and Terms of Employment Act 1973 states; ”An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section. (2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be— (d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks The complainant’s employment was terminated without notice and she did not receive the statutory payment in lieu of minimum notice and therefore the Act was contravened.
CA-00031371-003 - Terms of Employment (Information) Act, 1994 The complaint is well founded. CA-00031371-004 - the Redundancy Payments Act, 1967 The appeal under Section 39 of the Redundancy Payments Act is allowed. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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-00031371-001 - Payment of Wages Act, 1991 This complaint was withdrawn at the hearing CA-00031371-002 - Minimum Notice The Act was contravened, and I order the respondent to pay the complainant the sum of €1208.16 CA-00031371-003 - Terms of Employment (Information) Act, 1994 The complaint is well founded, and I order the respondent to pay the complainant the sum of €300 in compensation. CA-00031371-004 - the Redundancy Payments Act, 1967 The appeal under Section 39 of the Redundancy Payments Act is allowed and I order the respondent to pay the complainant the statutory redundancy payment calculated in accordance with the Act, based on the employment period from 5th October 2005 until 19th April 2019, and based on a weekly wage of €201.36 subject to the complainant having been in insurable employment for the relevant period under the Social Welfare Acts. |
Dated:
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
Non-attendance by the respondent. Redundancy, Minimum Notice, Terms and Conditions |