ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference:  ADJ-00028748

Parties:

Complaint(s):

Date of Adjudication Hearing:  08/03/2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and Section 13 of the Industrial Relations Acts 1969] following the referral of the complaint(s)/dispute to me by the Director General, I inquired into the complaint(s)/dispute  and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute

This matter was heard by way remote hearing pursuant to the Civil law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

No objections were raised to the remote hearing.

Background

The complainant was employed since 19th September 2016 to the 24th December 2019, working 24 hours per week and paid €290 gross per week is claiming the following;

Ca-00038108-003 Organisation of Working Time Act 1997

She did not receive paid holiday for annual leave 2016 and 2017.

The respondent submitted that complaints referred to in CA-00038108--03 under the Organisation of Working Time Act 12997 the complainant was paid her full holiday entitlement.

It was further submitted that the complaints were received by the WRC on the 21st of June 2020   and the complaints are statue barred and out of time.

Findings

 The complainant submitted that she did not get her paid holiday for 2016 and 2017 in accordance with section 19 of the Organisation of Working Time Act 1997

The complaint was received on the 21st June 2020.by the WRC

In accordance section 6 of Workplace Relations Acts 2015

 Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

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.

I find based on the evidence that the complaint is out of time.

Ca-00038108- 004 Organisation of Working Time Act 1997

The complainant submitted that she did not get the correct payment for Public Holidays.

It was stated that where she was rostered to work on a public holiday, she received 1/5 of a week when she was entitled to a full day’s pay   or a day’s holidays and 1/5 of a week where a Public Holiday fell on a day she was not working or rostered.

 The respondent submitted that the complainant confirms that she received all her payments for Public Holiday entitlements for 2016 to August 2019 there was full engagement between the Respondent and the Complainant during this time which she acknowledged that these issues were resolved to her satisfaction. Without prejudice to the generality of that defence, the Complaint was received by the WRC on the 21st of June 2020 and so the claims as made here under the Organisation of Working Time Act 1997 are statue barred and out of time.

Findings

I find that the complainant did received payment on the 9th of August 2019 for Public Holidays however she raised several questions to the make-up of the amount paid to her without receiving any response.

 I find that the complaint was received by the WRC on the 21st June 2020

In accordance section 6 of Workplace Relations Acts 2015

Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates

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

I find the complaint is out of time.

.

Ca-00038108-005 Terms of Employment (Information) Act 1994

The Complaint submitted that she did not received a contract of employment in accordance with Section 3 of the Terms of Employment (Information) Act 1994

The respondent submitted that the complainant did receive a contract of employment 4th September 2019 and in so doing the Respondent has complied with its obligations under the Terms of Employment (Information|) Act 1994. The complaint was received by the WRC on the 21st of June 2020. It was stated that the complaint under the Terms of Employment (Information) Act 1994 are statue barred and out of time.

Findings

 I find that the complaint was received by the WRC on the 21st June 2020 and the complainant received a contract on the 4th September 2019.

In accordance with section 6 of the Workplace Relations Acts 2015

Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

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

I find that the complaint is out of time.

.

Ca-00038108-006 Unfair Dismissal

Summary of Complainant position

 The complainant was employed by the respondent from the 19th of September 2016 to the 24th December 2019. She worked 24 hours per week, and she was paid €290 gross per week.

The complainant states that she was forced to raise her grievances with the new manager that had previously been raised with the respondent. The complainant states that she felt or thought she was safe within her workplace however she felt this had not been appreciated or valued with the way her grievances were being dealt with by the respondent.

The appointment of the new manager where the respondent passed on all administrative functions left a lot to be desired. She(complainant) had raised her grievances time and time again by email and verbally with the respondent and with the new manager without any offer to meet, discuss and come to a mutual agreement that would meet statutory entitlement rules.  The complainant stated that she continued to refuse to sign the new contract.

The complaint stated that she gave notice on the 7th November after meeting her doctor to leave on the 24th of December 2019.

The complainant had hoped that the respondent would try and resolve matters.

The complainant submitted that she had to leave the employment due to the conduct of her employer.

Summary of the respondent position

The respondent submits that the complainant resigned from her position by terminated her, employment, in writing, on the 7th November to take effect on the 24thf December 2019. The evidence on the part of the respondent will be that year 2019 the complainant did raise workplace issues; holiday pay, public holiday and matters of that nature but each of such matters were fairly and timely met by the respondent. At no time did the complaint raised a workplace grievance and gave the respondent an opportunity to meet such grievance, before tenderising her resignation. The complainant had obtained work elsewhere, she confirmed to the WRC that she took up such work other employment on the 6th of January 2020 with the benefit of a supportive reference from the respondent.

Findings

Both parties made written and verbal submission at the hearing

I find that the working relationship between the parties that issues arose that were not dealt with in a timely manner.

The issue of the contract while it was not given initially, it was produced on the 4th September 2019. In the mater in relation to holidays and public holiday pay these should have been easily cleared. I believe that the complainant’s frustration in not getting answers to her queries in a reasonable time frame as being unreasonable and frustrating.

The respondent should be fully aware of the roles and responsibilities of an employer.  There is plenty of services including the respondents own legal representative that could have clarified these matters and including issue of public holiday payment for them.

I also find that the complainant on the other hand having given notice if things were as bad as stated why did she give notice. In told I find that that both parties could and should have played a more constructive role in development a working relationship including mediation if necessary.

On mitigating circumstances of loss, I also note that the complainant has taken up employment on the 6th of January with the help of a good reference from the respondent.

Decision

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

I have decided that the dismissal is unfair however, the complainant did play a major part in it

 I award her €750 in compensation.

Ca-00038108-007 Industrial Relations Issues

I find that the issues raised in all above reference numbers have been dealt with. 

The employer submitted full defences in respect of each of the foregoing There is no question that she was at any time the subject of workplace bullying or harassment. At no time did she make a formal complaint of bullying before resigning. Taking all these matters into account this is not an appropriate case to attract any order for compensation or otherwise under section of the Industrial relations act.

Findings

I find that the employee did not make a complaint of bullying or harassment during were employment.

I find that the issues raised by the employer have already been dealt with in the above cases.

Recommendation

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 recommendation in relation to the dispute. In accordance Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation

I cannot support the employee’s claim and it must fail.

Dated:   30th June 2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

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