Case Number: ADJ-00025369. Workplace Relations Commission

• Docket Number: ADJ-00025369
• Hearing Date: 08 October 2020
• Date: 22 January 2021
• Court: Workplace Relations Commission
• Respondent: An Education and Training Board

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00025369

Parties:

	Complainant	Respondent
Anonymised Parties	A Former Tutor	An Education and Training Board

Representatives Ibec

Complaints:

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-00032102-001	11/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00032102-002	11/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00032102-003	11/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00032102-004	11/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00032102-006	11/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001	CA-00032102-007	11/11/2019

Date of Adjudication Hearing: 08/10/2020

Workplace Relations Commission Adjudication Officer: Ewa Sobanska

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015, Section 39 of the Redundancy Payments Acts 1967 – 2014, and 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.

The hearing was conducted face to face on 8th October 2020. The Respondent was represented by IBEC, the Complainant was accompanied by a friend.

Additional correspondence was received from both parties, the latest of which was received on 10th November 2020. After each party had furnished their correspondence, the other party was given an opportunity to review and comment on each submission presented post hearing.

Background:

The Complainant was employed by the Respondent from 5th February 2007 to 31st October 2019 as a Tutor. She was paid €45.44 per hour and worked approximately 8 hours a week. The Complainant submitted a number of complaints against the Respondent.

CA-00032102-001 - section 27 of the Organisation of Working Time Act, 1997

Summary of Complainant’s Case:

The Complainant, in the WRC Complaint Form submitted that she did not receive any payment in relation to hours she would normally work for the weeks of 14th October, 21st October and 28th October 2019. The Complainant claimed that she is owed payment for 30 hours at €42.68 per hour. She also claimed that she was owed one fifth of her normal weekly rate of pay for the public holidays in August and October 2019 and that she did not receive her annual leave. In her submission at the oral hearing the Complainant argued that she did not receive payments for the weeks starting on 14th, 21st and 28th October 2019. The Complainant argued that the WRC form is not a statutory form and this complaint may be more properly submitted under the Payment of Wages Act. The Complainant submitted that the Respondent was not prejudiced as the details regarding her complaint were very clearly set out. The Complainant relied on Section 5 of the Payment of Wages Act, 1991 and claimed that the Respondent failed to pay monies normally paid to her of 10 hours per week for three weeks at €45.44, which equates to €1,363.20.

Summary of Respondent’s Case:

The Respondent submits as follows: The Complainant claims that she did not receive her paid holiday/ annual leave entitlement owed to her for the week of 14th, 21st and 28th October 2019. She also seems to suggest that she is due her full pay for these weeks, being €42.68 for 30 hours, as well as her annual leave entitlement, in addition to one fifth of her normal weekly rate of pay for the public holiday in August in October. The claim was brought under the Organisation of Working Time Act, 1997 and not under the Payment of Wages Act, 1991. The Respondent does not accept that it was not prejudiced, and as a result the Complainant cannot introduce a new claim at the hearing. In any event, the Respondent argues that the Complainant was paid her full salary until 1st November 2019. The Respondent submits that the specific project the Complainant worked in (the Project) was closed on 28th September 2019. The Complainant continued to be paid until 1st November 2019. At the oral hearing, the Respondent argued that the Complainant was paid...