EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Nurendale Limited T/A Panda Waste Services (appellant) TE198/2012
against the recommendation of the Rights Commissioner in the case of:
Ainar Lucens (respondent)
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr T. O'Grady
Mr N. Dowling
heard this appeal at Trim on 19th February 2014
Representation:
_______________
Appellant(s) : Mr Anthony Byrne B.L., instructed by Nurendale T/A Panda, Ballymount Cross, Upper Ballymount Road, Ballymount, Dublin 24
Respondent(s) : Richard Grogan & Associates, Solicitors,16 & 17 College Green, Dublin 2
The decision of the Tribunal was as follows:
This case came before the Tribunal by way of an employer appeal of a Rights Commissioner recommendation under the Terms of Employment Information Act, 1994 and 2001, reference r-117993-te-11/JW.
For clarification purposes the appellant will be referred to as employer and the respondent as employee.
Summary of employee’s case
The employee worked as a driver. The employee’s representative submitted that the employer failed to provide the employee with a written statement outlining his terms and conditions of employment contrary to Section 3 (1) of the Terms of Employment (Information) Act, 1994. A copy of the statement must be retained by the employer for one year after the employee’s employment has ceased.
Summary of employer’s case
The employer’s representative submitted that every employee is given a contract of employment. The employee was asked to sign and return his contract but failed to do so. The employer’s representative confirmed that the employer failed to keep a copy of the contract on file as required by Section 3 (5) of the Act.
Determination
Having considered the verbal and written submissions, the Tribunal finds that the onus is on the employer to retain a copy of the contract given to the claimant under Section 3 (5) of the Terms of Employment (Information) Act. As the employer failed in its legal obligation, the Tribunal upholds the decision of the Rights Commissioner.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)