Case Number: ADJ-00021196. Workplace Relations Commission.

• Docket Number: ADJ-00021196
• Date: 01 April 2020
• Court: Workplace Relations Commission

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00021196

Parties:

	Complainant	Respondent
Anonymised Parties	Community Worker	Registered Charity

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00027910-001	23/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00027910-002	23/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000	CA-00027910-003	23/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00027910-004	23/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00027910-006	23/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00027910-008	23/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00027910-009	23/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00027910-010	23/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00027910-012	23/04/2019

Date of Adjudication Hearing: 19 November 2019, 25/26 February 2020

Workplace Relations Commission Adjudication Officer: Joe Donnelly

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 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 joined the respondent, a registered charity, in September 1994, and performed a variety of roles within the organisation. The complainant was classified as a Long-Term Co-Worker (LTCW) and worked within a community structure. The respondent operated a number of such communities both in Ireland and internationally. The situation within which the respondent carried out its operations began to change as regulations governing such operations began to be introduced. In particular, the Health Information and Quality Authority (HIQA) began to regulate how the respondent operated. As a result, the organisation began a transition which has been implemented over a number of years. This transition included moving to the provision of services by qualified employed personnel and the phasing out of the LTCW model. The respondent concluded arrangements in this regard with the majority of LTCWs but did not reach an arrangement with the complainant as a result of which the complainant ceased working with the respondent on 31 December 2018.

Summary of Complainant’s Case:

The complainant was employed for many years on an unwritten contract of employment and her remuneration consisted largely of benefit-in-kind. The contract was terminated unfairly without proper procedures, notice or reason. The complainant’s contract terminated due to the alleged reorganisation of the respondent’s business but the complainant was not informed that she was redundant and received no payment in that regard. The complainant did not receive the rate of pay specified in the National Minimum Wage Act, 2000. The complainant did not receive payment for working on a Sunday. The respondent has not been paid the amount due to her. The complainant did not receive payment in respect of annual leave in 2018. The complainant did not receive her Public Holiday entitlement. The complainant did not receive any payment in lieu of notice. The complainant did not receive a statement of her terms and conditions of employment.

Summary of...