EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Aras Cois Fharraige Nursing Home
- appellant
TE68/2014
against the recommendation of the Rights Commissioner in the case of:
Eilish Kenny - respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr T. Gill
Ms H. Murphy
heard this appeal at Galway on 11th December 2014
Representation:
_______________
Appellant(s) : Ms. Siobhan McGowan, Purdy Fitzgerald, Solicitors,
Kiltartan House, Forster Street, Galway
Respondent(s) : Padhraic Harris & Co., Solicitors, Merchants Gate,
Merchants Road, Galway
This case came before the Tribunal by way of an appeal by the employer (appellant) against the recommendation of the Rights Commissioner (r-137897-te-13/SR) under the Terms of Employment (Information) Act, 1994 and 2001.
Determination
It was accepted by both parties that the respondent employee was provided with her terms and conditions of employment but these terms and conditions were not provided until approximately three years after the commencement of her employment.
The Tribunal finds that this was in breach of section 3 (1) of the Act which states:
“An employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment,…..”
The Tribunal notes that the terms and conditions of employment provided contain the date of commencement of employment and pay reference period.
Taking the above position into account the Tribunal varies the recommendation of the Rights Commissioner and awards compensation to the respondent employee in the sum of €120.00 under the Terms of Employment (Information) Act, 1994 and 2001.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)