ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044038
Parties:
| Complainant | Respondent |
Parties | Emma King | Music And Montessori Academies Ltd |
Representatives |
| Did not attend |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055101-001 | 29/09/2022 |
Date of Adjudication Hearing: 24/05/2023
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
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. The complainant was sworn in at the commencement of the hearing. The respondent did not attend the hearing.
Summary of Complainant’s Case:
The complainant commenced employment with the respondent in August 2016 as a Montessori teacher. The complainant states that on 21 November 2021 while on maternity leave, she received a message advising that the school where she was employed was closing down. The complainant states that an offer was made to her to return to work at the respondent’s Maynooth premises but she advised the respondent that this would not be suitable to her. The complainant has lodged a complaint under the Organisation of Working Time Act stating that the respondent is in breach of the Act in respect of payments due for annual leave / holiday pay entitlement and payment for Public holidays due to her which accumulated during her maternity leave. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
The within complaint is linked to ADJ 40010, wherein the complainant previously took a claim under the Redundancy Payments Acts. In said claim, the complainant gave her date of termination of employment as 17 September 2021 and was awarded a redundancy payment on that basis. The complainant subsequently lodged a separate complaint under section 27 of the Organisation of Working Time Act, 1997 stating that the respondent is in breach of the Act in respect of payments due for Annual leave entitlement and payment for Public holidays from 17 September 2021 up to April 2022. This complaint was submitted to the WRC on 29 September 2022; therefore, the cognisable period for the complaint is from 30 March 2022 to 29 September 2022. Based on the date of termination of employment as 17 September 2021 as previously given by the complainant, I find that the complainant has not demonstrated a contravention of the Acts in respect of the Public Holidays in the cognisable period. In relation to the matter of payment for Annual leave/ holiday entitlement, given that the complainant gave a date of termination of employment of 17 September 2021 there is no entitlement to holiday pay following the date of termination of employment. Therefore, I find that the complainant has not established a contravention of the Organisation Working Act in relation to annual leave/ holiday entitlement. Accordingly, I find that the within complaints are not well-founded. |
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 within complaints are not well-founded. |
Dated: 13-07-2023
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Organisation of Working Time Acts |