EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Natalija Orlova TE61/2014
against the recommendation of the Rights Commissioner in the case of:
Global Fruit Company Limited
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Revington S.C.
Members: Mr J. Horan
Mr N. Dowling
heard this appeal at Dublin on 30th December 2014
Representation:
Appellant : Mr. John Daly, 35 Bolton Court, Henrietta Place, Dublin 1
Respondent : Mr. Alastair Purdy, Purdy Fitzgerald, Solicitors, 14 Bachelors Walk, Dublin 1
This case came before the Tribunal by way of an appeal by a former employee against a recommendation of a Rights’ Commissioner (reference r-138739-te-13/EH).
Appellant’s Case
The appellant commenced employment with the respondent as a general operative on 17 August 2012. In April 2013 the company appointed her as a sales and marketing administrator. Around that time she was in mobile text communication with the managing director regarding details of that new position. Her employment ceased with the respondent in September 2013. This witness was adamant that at no stage of her employment with the respondent did she receive a copy of a contract of employment or a statement of her terms and conditions of employment. Her requests for a contract to the managing director went unheeded.
Respondent’s Case
The managing director told the Tribunal that he had no recollection of being asked by the appellant for a contract of employment. He produced two copies of contracts of employment relating to the claimant’s positions with the company. Both contracts were signed by him on 17 August 2012 and on 19 April 2013. The latter contract concerned the appellant’s new position. Neither contract was signed by the appellant. This witness added that he handed the initial contract to the appellant subsequent to her commencement of employment and expected her to sign it. The second contract stated inter alia that her commencement date was 19 April 2013.
Determination
Having considered the position of both sides, the Tribunal prefers the evidence of the appellant (the former employee) and it allows this appeal against the recommendation of a Rights’ Commissioner (reference r-138739-te-13/EH) under the Terms of Employment (Information) Acts, 1994 and 2001. Under the said legislation the Tribunal awards the appellant the sum of €2,153.84 (this amount being equivalent to four weeks’ gross pay at €538.46 per week).
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)