ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023927
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-00030537-001 | 28/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00030537-002 | 28/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00030537-003 | 28/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00030537-004 | 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 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 was employed as a Childcare Assistant working 25 hours per week with the Respondent from 1st October 2018 to 2nd May 2019. |
Summary of Complainant’s Case:
CA-0030537-001 The Complainant did not receive her 1 week’s statutory minimum notice of €250 on termination of her employment. The creche closed on 2nd May 2019 and did not reopen. CA-0030537-002 The Complainant is owed wages of €1,063.62 which were not paid between 19th March and 1st May 2019. CA-0030537-003 The Complainant is owed holiday pay unpaid of €603.21. CA-0030537-001 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-0030537-001 This complaint is well founded. Pursuant to S12 of the Minimum Notice & Terms of Employment Act 1973, I direct payment of 1 week’s wages of €250 euro gross by the Respondent to the Complainant. CA-0030537-002 The Complainant gave evidence of the loss incurred. The complaint is well founded. Pursuant to S6 of the Payment of Wages Act 1991 I direct payment of arrears of wages of €1,063.62 gross together with 2 week’s net wages of €531.82 compensation for the breach by the Respondent to the Complainant. CA-0030537-003 The Complainant gave evidence of loss of 7 and a half day’s holiday pay. I find this complaint is well founded and direct payment of €603.21 gross holiday pay together with 2 week’s net wages of €531.82 compensation by the Respondent to the Complainant. CA-0030537-004 This complaint is a duplication of CA-0030537-003 which decision has already been given and accordingly 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 complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-0030537-001 This complaint is well founded. I direct payment of 1 week’s wages of €250 euro gross by the Respondent to the Complainant. CA-0030537-002 The complaint is well founded. I direct payment of arrears of wages of €1,063.62 gross together with 2 week’s net wages of €531.82 compensation for the breach by the Respondent to the Complainant. CA-0030537-003 This complaint is well founded and I direct payment of €603.21 gross holiday pay together with 2 week’s net wages of €531.82 compensation by the Respondent to the Complainant. CA-0030537-004 This complaint is a duplication of CA-0030537-003 which decision has already been given and accordingly is not well founded.
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Dated: 04/09/2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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