TE297/2011

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                                            CASE NO.

EMPLOYEE

                                                                                                                                       TE297/2011

against the recommendation of the Rights Commissioner in the case of:

EMPLOYER

under

TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Mr R.  Maguire, B.L.

Members:     Mr L.  Tobin

                     Mr P.  Trehy

heard this appeal at Dublin on 5th July 2013

Representation:

_______________

Appellant:         

Respondent:     

The decision of the Tribunal was as follows:-

This case came to the Tribunal as an employee appeal against Rights Commissioner Recommendation r-109658-te-11/RG under the Terms of Employment (Information Acts), 1994 and 2001.

Background:

The appellant was employed as a general operative from March 2008 at a rate of €11.65 per hour. He has been on sick leave from May 2011. The appellant was provided with a contract of employment signed by both parties on 13^th March 2008 but the respondent for the appellant contended that the statement was defective and was in breach of Section 3 (1) of the Act.

He outlined breaches in the contact as being:

(a)    No reference to current Registered Employment Agreement

(b)   No reference to Section 23 of the Minimum Wage Act

(c)    No reference to the Sections of the Organisation of Working Time Act that refer to rest periods.

The respondent contended that a contract of employment was given to and signed by the appellant. He would have been provided with a Registered Employment Agreement and the only later change to it would have been the pay rate. All employees were represented by their Trade Union and any breach under the Organisation of Working Time Act would have been minimal.

Determination:

The Tribunal upholds the appeal of the employee to the extent that it finds that there were breaches of the relevant provisions of the Terms of Employment (Information) Act, 1994, as outlined by the appellant. However, such breaches were minor omissions and in the circumstances the Tribunal awards no compensation in relation to them.  

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)