ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023928
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-00030538-001 | 28/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00030538-002 | 28/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00030538-003 | 28/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00030538-004 | 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 worked with the Respondent from 21st March 2018 to 2nd May 2019. |
Summary of Complainant’s Case:
The Respondent closed on 2nd May 2019. The Complainant had difficulty getting all wages paid in April and May 2019. She worked 57.5 hours per week and her average weekly pay was €632.50. She was paid an hourly rate of €10 which rate was increased in May 2019 to €11 per hour. CA-00030538-001 The Complainant is owed her contractual notice of 2 week’s pay of €1,265.00. CA-00030538-002 The Complainant is owed holiday pay of €880. CA-00030538-003 The Complainant did not receive wages from April and up to 1st May 2019 of €2,215.46. CA-00030538-004 The Complainant was not paid her full public holiday entitlements.
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Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent at the hearing. |
Findings and Conclusions:
The Respondent closed without notice to the Complainant on 2nd May 2019. CA-00030538-001 The Complainant was employed for just over 1 year and in accordance with the provisions of the Minimum Notice and Terms of Employment Act 1973 she is due 1 week’s notice which is unpaid. I find this complaint is well founded and direct payment of 1 week’s wages of €632.50 by the Respondent to the Complainant. CA-00030538-002 The Complainant gave evidence that she is owed holiday leave unpaid of €880. I find this complaint is well founded and direct payment of arrears of holiday pay of €880 by the Respondent to the Complainant together with 2 week’s net wages of €799.50 compensation for the breach. CA-00030538-003 The Complainant gave evidence that she did not receive wages from April to 1st May 2019 of €2,215.46. I find this complaint is well founded and direct payment of €2,215.46 by the Respondent to the Complainant. Pursuant to S6 of the Payment of Wages Act 1991 I direct payment of 2 week’s net wages of €799.50 compensation for the breach. CA-00030538-004 The Complainant gave evidence that she only received 4.5 hours payment for public holidays. I find this complaint is well founded and direct payment of 19.5 hours of public holiday pay for March, April and May 2019 of €195.00 and €50.00 compensation for the breach by the Respondent to the Complainant.
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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-00030538-001 This complaint is well founded and direct payment of 1 week’s wages of €632.50 gross by the Respondent to the Complainant. CA-00030538-002 This complaint is well founded. I direct payment of €880 arrears of holiday pay together with 2 week’s net wages of €799.50 compensation for the breach by the Respondent to the Complainant. CA-00030538-003 I find this complaint is well founded and direct payment of €2,215.46 by the Respondent to the Complainant. Pursuant to S6 of the Payment of Wages Act 1991 I also direct payment of 2 week’s net wages of €799.50 compensation for the breach by the Respondent to the Complainant. CA-00030538-004 The Complainant gave evidence that she only received 4.5 hours payment for public holidays. I find this complaint is well founded and direct payment of 19.5 hours of public holiday pay for March, April and May 2019 of €195.00 and €50.00 compensation for the breach 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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