TE6/2015

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                     CASE NO.

Olumide Smith           

                                               (appellant)                                                                   TE6/2015

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

E Manage It Limited

                                                (respondent)

under

TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr J. Revington S.C.

Members:     Mr F. Cunneen

                    Mr F. Keoghan

heard this appeal at Dublin on 4th March 2016

Representation:

_______________

Appellant(s) :              In person

Respondent(s) :           Ms Claire Hellen, Ibec, Confederation House, 84-86 Lr Baggot Street, Dublin 2

The decision of the Tribunal was as follows:

This case came before the Tribunal by way of an employee appeal of a Rights Commissioner recommendation under the Terms of Employment (Information) Act, 1994 to 2012, reference r-147620-te-14/EH.

Summary of evidence

The appellant was employed by the respondent company from 2^nd December 2013 until 12 June 2014. He commenced his employment as a QA Engineer. The appellant has claimed compensation for breach of Section 3 of the Terms of Employment (Information) Act. He submitted that the employer did not give in writing the correct registered name of the company. He felt that the company fraudulently and deliberately concealed the name in that his contract of employment stated ‘eManageIT Limited’ instead of E Manage IT Limited. The appellant told the Tribunal that the respondent failed to apply the principle of fairness and natural justice causing him emotional distress.   After two months of his employment the appellant discovered the error and informed the respondent. While the appellant did not raise an official grievance during his employment, he raised the issue verbally. The respondent informed him that it was not an issue and the appellant continued in his work until his termination of employment. The appellant has now received a revised version of the contract of employment as per the Rights Commissioner recommendation.

The respondent’s representative submitted that the full legal name of the company was provided to the appellant and that the only issue was the lack of spacing between the wording.

Determination

It was noted that the appellant raised an issue of bullying during evidence and it was stated by the Chairperson that that was applicable in another forum. The only issue before this Tribunal was in relation to the Terms of Employment Information Act.

Having considered the evidence adduced at the hearing along with a detailed submission from the appellant, the Tribunal upholds the decision of the Rights Commissioner with no award of compensation in this case.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)