TE17/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                   CASE NO.

                                                                                                            TE17/2013

Arnoldas Ruskys

-          Appellant

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

Gem Pack Foods Limited

-          Respondent

under

TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms P. McGrath B.L.

Members:        Mr J. Horan

                        Mr M. O'Reilly

heard this appeal at Dublin on 11th March 2014

Representation:

Appellant: Ms. Ruth Lynch, Richard Grogan & Associates, Solicitors, 16 & 17 College Green, Dublin 2

Respondent: Mr Don Garry, HR Department, Gem Pack Foods Limited,

This case came before the Tribunal by way of an employee appealing the decision of the Rights Commissioner under the Terms of Employment (Information) Act, 1994 and 2001 ref-r-122867-te-12/MMG.

The decision of the Tribunal was as follows:-

Determination

The Tribunal has carefully considered the legal submissions heard in this case. The matter comes before the Tribunal on foot of an appeal from a finding of the Rights Commissioner dated the 9^th of January 2013.

The Rights Commissioner said there was no breach of section 3 of the Terms of Employment (Information) Act, 1994 and 2001 wherein certain particulars of an employee’s employment must be given to an employee within 2 months of the commencement of employment.

The employee made the case that the fixed term contract expired in April 2012 and was not renewed thereafter although the employment continued. This does not amount to a breach of section 3 per se.

The employee has outlined the failure of the respondent to discharge the employee’s entitlements under the National Minimum Wage Act, 2000 and to make known the reference period applicable to the employee under that Act.

The Tribunal accepts, strictly speaking that these sections, 3(g) and 3(ga) of the Terms of Employment (Information) Act, 1994 and 2001 have not been referred to, but the rate of pay and the hours of work per week are clearly disclosed. However, the Tribunal cannot award compensation where no prejudice has been shown and no request for the particular information was ever made in the course of employment. The Tribunal further notes that the contract expressly states that the payment interval will be weekly.

The employer’s position with respect to pension schemes is clearly set out in the company handbook which formed a part of the contract of employment which satisfies section 3(k) of the Terms of Employment (Information) Act, 1994 and 2001.

In conclusion the Tribunal makes no order for compensation for any breach or otherwise of section 3 of the Terms of Employment (Information) Act, 1994 and 2001 and upholds the decision of the Rights Commissioner ref-r-122867-te-12/MMG.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)