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Elaine Boland awarded €225 in swim academy wages complaint

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission directed Diana Daly T/A Diana's Swim Academy to pay former swim teacher Elaine Boland €225 in unpaid wages and €33 for annual leave, after partly upholding two of her complaints. The decision was dated 16 January 2024. Boland said she resigned in July 2021 after being offered fewer hours and different rates for work at a new venue. She also said she was owed wages and leave. Daly denied the complaints, saying pandemic restrictions limited work at Boland’s previous venues and that the new venue involved different work and rates. The officer found Boland was not constructively dismissed because the respondent had not breached her contract or acted unreasonably. The complaint about public holiday pay was also not well founded. The officer found that full wages were not payable for work Boland did not perform, but awarded €225 for three weeks she had worked without pay. For annual leave, the officer awarded €33 for 1.2 hours of accrued leave and €100 compensation for breach of the Act.

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