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WRC awards former Montessori teacher €1,764 for annual leave accrued during protective leave

By Eimear Byrne

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that former Montessori teacher Hanna Sebastyanczyk was entitled to statutory redundancy after she reasonably refused a proposed move from Drumcondra to Maynooth. The WRC also ordered Music & Montessori Academies Ltd to pay her €1,764 gross for annual leave accrued during maternity, extended maternity and parental leave, plus €1,000 compensation.

The decision, dated 17 November 2023, also awarded €588 gross for two weeks’ minimum notice and €882 gross for 15 public holidays, plus €500 compensation for the public holiday breach. The redundancy entitlement was subject to her having been in insurable employment during the relevant period.

Sebastyanczyk said the move would increase her commute and bring extra travel and childcare costs. The officer considered the uncontested evidence and found that refusing the move was reasonable because of the effect on her parenting role and the longer commute. The respondent did not attend the hearing. Two other complaints, which duplicated the successful annual leave and public holiday claims, were not well founded.

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