EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYER - appellant
TE213/2012
against the recommendation of the Rights Commissioner in the case of:
EMPLOYEE - respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr J. Browne
Mr P. Trehy
heard this appeal at Portlaoise on 19th September 2013
Representation:
_______________
Appellant(s) :
Respondent(s) : In Person
This case came before the Tribunal by way of an appeal by the employer (appellant) against the recommendation of the Rights Commissioner reference (r-121417-te-12/RG) under the Terms of Employment (Information) Act, 1994 and 2001.
Determination
The Tribunal heard evidence that the respondent (employee) commenced employment with the appellant (employer) company in April 2005. He was subsequently provided with a copy of the terms and conditions of his employment, a copy of which was opened to the Tribunal. The Tribunal notes that the terms and conditions of employment are signed and dated by the employee on 22 March 2006 and by a representative for the employer on 17 February 2007.
Section 3 (1) of the Terms of Employment (Information) Act, 1994 states that:-
“ An employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment,…………….”
As the employer has not complied with the provisions of this section of the Act the Tribunal varies the recommendation of the Rights Commissioner and awards the respondent (employee) the sum of €1838.80 pursuant to section 7 (2) (d) of the said Act.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)