ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023925
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Childcare Assistant} | {A Creche Montessori} |
Representatives | Ronan Killeen Killeen Solicitors |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00030535-001 | 28/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00030535-002 | 28/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00030535-003 | 28/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00030535-004 | 28/08/2019 |
Date of Adjudication Hearing: 21/01/2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant was employed with the Respondent for 20 hours per week from 15th August 2018 to 2nd May 2019 as a Childcare Assistant. |
Summary of Complainant’s Case:
CA-00030535-001 The Complainant did not receive her statutory minimum notice on termination of her employment. CA-00030535-002 The Complainant is owed €709.75 arrears of wages between 19th March and 1st May 2019. CA-00030535-003 The Complainant is owed 7 and a half day’s annual leave which is €300. CA-00030535-004 The Complainant did not receive her annual leave entitlement. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent. |
Findings and Conclusions:
CA-00030535-001 The Complainant gave evidence that she was not paid any notice on termination. I find this complaint is well founded and pursuant to S12 of the Minimum Notice and Terms of Employment Act 1973 I direct payment of 1 week’s wages of €200 gross by the Respondent to the Complainant. CA-00030535-002 The Complainant gave evidence that she is owed arrears of wages of €709.75. I find this complaint is well founded and pursuant to S6 of the Payment of Wages Act 1991 I direct payment of arrears of wages of €709.75 and 2 weeks net wages of €398 compensation by the Respondent to the Complainant. CA-00030535-003 The Complainant gave evidence that she was not paid 7 and a half days holidays of €300. I find this complaint is well founded. Pursuant to S6 of the Payment of Wages Act 1991 I direct payment of €300 annual leave together with 2 weeks net wages of €398 compensation by the Respondent to the Complainant. CA-00030535-004 This complaint is a duplication of CA-00030535-003. Accordingly, I find this complaint is not well founded.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00030535-001 This complaint is well founded and I direct payment of €200 gross arrears of wages by the Respondent to the Complainant. CA-00030535-002 I find this complaint is well founded. I direct payment of arrears of wages of €709.75 and 2 weeks net wages of €398 compensation by the Respondent to the Complainant. CA-00030535-003 This complaint is well founded. I direct payment of €300 annual leave together with 2 weeks net wages of €398 compensation by the Respondent to the Complainant.
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Dated: 04/09/2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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