Case Number: ADJ-00000487. Workplace Relations Commission

• Docket Number: ADJ-00000487
• Date: 01 March 2016
• Court: Workplace Relations Commission
• Parties: An Employee -v- An Employer

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000487

Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00000205-001	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00000205-002	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00000205-003	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00000205-004	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00000205-005	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00000205-006	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00000205-007	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under Section 30 and 31 of the Maternity Protection Act 1994	CA-00000205-008	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00000205-009	13/10/2015

Date of Adjudication Hearing: 23/02/2016

Workplace Relations Commission Adjudication Officer: Roger McGrath

2. Procedure:

2.1 On the 13th October 2015, the complainant referred complaints to the Workplace Relations Commission under a number of employment law statutes, including the European Communities (Protection of Employees on Transfer of Undertakings) Regulations, the Employment Equality Acts, the Organisation of Working Time Act, the Maternity Protection Act, the Payment of Wages Act, the Terms of Employment (Information) Act and the Minimum Notice and Terms of Employment Act. The complaints were scheduled for adjudication on the 23rd February 2016.

2.2 In accordance with Section 41(4) of the Workplace Relations Act, 2015following 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.

2.3 In advance of the adjudication hearing, the representative of the complainant corresponded (letter dated 10 December 2015) with the Workplace Relations Commission to indicate that they were withdrawing the claims made pursuant to the Employment Equality Acts. He outlined that the claims under the Employment Equality Acts were to be pursued through the Circuit Court and they were pursuing the other complaints before this adjudication. The withdrawal of this complaint was confirmed at the hearing.

2.4 At the outset of the hearing, it became apparent that there was no appearance by or on behalf of the respondent company. I verified that it had been served with notification of the adjudication and having been satisfied of this, I proceeded with the hearing in its absence.

2.5 In a preliminary submission the representative for the complainant stated that all the complaints for adjudication had been submitted previously to the Workplace Relations Commission with another respondent cited as the employer. These complaints were the subject of an Adjudication Officer's hearing which had taken place on 6th January 2016. The representative stated that the submission he would make today was virtually identical to that made at the previous hearing; the only difference being the respondent cited.

3. Attendance at Hearing:

3.1 The complainant attended in person and was represented by her solicitor. There was no appearance by or on behalf of the respondent.

4. Complainant’s Submission and Presentation:

4.1 The complainant's representative provided a written submission. The complainant commenced employment with the respondent in November 2014 as a sales assistant. The respondent operates a retail premises in south Dublin. The complainant informed the respondent of her pregnancy probably sometime in May 2015. Later in May 2015, the complainant was given written terms of employment. The complainant signed the document and dated it the 30th May 2015. The contract provides that her employment commenced on the 8th December 2014.

4.2 The complainant recalls that on either 15 or 20 August 2015, the manager of the shop, casually informed staff that he would be putting the company into liquidation “to avoid his debts”. The complainant and her colleagues were advised that the business would continue at the...