EMPLOYMENT APPEALS TRIBUNAL
| APPEAL OF: | CASE NO. |
EMPLOYEE, – Appellant (The Employee) | TE158/2012 |
against the recommendation of the Rights Commissioner R-119267-TE-12 in the case of: | |
EMPLOYER, – Respondent (The Employer) | |
| under |
TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms M. Levey BL
Members: Mr C. McHugh
Mr S. O’Donnell
heard this appeal at Dublin on 1 October 2013
Representation:
Appellant (The Employee):
Respondent (The Employer):
This case came before the Tribunal by way of an appeal by the employee against the recommendation of a Rights Commissioner R-119267-TE-12
The determination of the Tribunal was as follows: -
Determination
The employee worked as a retail sales assistant at night in the respondent’s Rathfarnham store from June 2008. The employee was issued with a written copy of his terms and conditions of employment on 17 July 2008. These terms that the employees weekly contracted hours were greater than 35 and less than full time hours.
On 11 November 2011 the employee’s manager, who was unaware of the terms of the 2008 contract, issued the employee with a copy of terms and conditions in which his weekly hours were stated to be 30 to 35 hours per week. The employee complained about this to his manager and then lodged the within complaint with the Rights Commissioner Service.
At the conclusion of the Rights Commissioner hearing on 13 February 2012 the employee furnished the employer with a copy of his 2008 terms and conditions. From that point the employer accepted that the employee was entitled to greater than 35 and less than full time hours and this was reflected in the Rights Commissioner’s recommendation. If the employee had produced the 2008 document at an earlier stage this whole matter could have been avoided.
In all the circumstances the Tribunal is satisfied that the complaint is well founded and awards €200-00 as being just and equitable under the Terms Of Employment (Information) Acts, 1994 to 2001 thereby upholding the recommendation of the Rights Commissioner.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)