EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Cezary Kawka -claimant UD526/2013
TE200/2013
against
Platt & Reilly Ceilings Limited -respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr. A. O'Mara
Mr C. Ryan
heard this claim at Dublin on 9th September 2014
Representation:
Claimant:
Mr Billy Wall, Operative Plasterers & Allied Trades,
Society Of Ireland, 9/13 Blackhall Place, Dublin 7
Respondent:
Ms. M. Seery-Kearney B.L. Damar Consultancy Limited, 4 Redhills Park, Ellistown, Co. Kildare
Background:
The appeal under the Terms of Employment Acts, 1994 to 2001, came before the Tribunal by way of an appeal by the employee against a Rights Commissioner Recommendation (reference: r-134596-te-13/JT).
The claim under the Unfair Dismissals Acts came before the Tribunal by way of a direct claim.
The Tribunal heard evidence in this case. During the course of the evidence liability was conceded in relation to the unfair termination of the claimant’s employment. The Tribunal was informed that had the claimant not been unfairly dismissed in March 2013, his position would in any event have been redundant in May 2013. The employees whose positions were made redundant were informed of this in April 2013.
In relation to the appeal under the Terms of Employment (Information) Acts, the claimant’s representative submitted that a breach of S.3 had occurred as the claimant did not receive a contract of employment until two years into his employment. The representative for the respondent argued that while the contract was not provided within the specified period, the claimant was in no way prejudiced by this delay and overall he had a contract of employment for the majority of his employment.
Determination:
The Tribunal has carefully considered the appropriate sum for compensation in this case. The Tribunal awards the claimant the sum of €15,744 under the Unfair Dismissals Acts, 1977 to 2007.
In respect of the claimant’s appeal under the Terms of Employment (Information) Acts, the Tribunal finds that while a breach occurred by virtue of the fact that the contract was not given within the specified period, the Tribunal finds that the claimant should not be compensated retrospectively for this breach in circumstances where the breach was rectified during the employment. Accordingly, the Rights Commissioner’s Recommendation (reference: r-134596-te-13/JT) is upheld.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)