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Joanne Kelleher awarded €1,500 after successful terms-of-employment complaint

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission awarded Joanne Kelleher €1,500 after finding her complaint about missing written terms of employment was well founded. Its decision was dated 31 January 2023. Kelleher worked as a social care worker for Intensive Community Programmes from July 2017 until she resigned in March 2019. She said she had not received a written statement of her terms, had worked long shifts without proper rest, was owed wages and had no alternative but to resign after a meeting and allegations against her. The liquidator accepted that no statutory statement of terms existed. He disputed her account of the shifts and said no wages remained outstanding. The WRC upheld the terms complaint and awarded €1,500 for it. It found her working-time, rest-break, pay and constructive unfair dismissal complaints not well founded. On the dismissal complaint, it said she had not tried to resolve her concerns through a grievance procedure before resigning.

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