FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2012 PARTIES : SAHIN AKKOYUN AND SUAT SALIK T/A CAPITAL KEBAB HOUSE (REPRESENTED BY BERWICK SOLICITORS) - AND - ISMET AYDOGAN (REPRESENTED BY TOM O'REGAN SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer Decision No r-157013-te-15.
BACKGROUND:
2. This is an appeal under Section 8(1) of the Terms of Employment (Information) Acts, 1994 to 2012. A Labour Court Hearing took place on 6 April 2016. The following is the Court's Determination:
DETERMINATION:
This matter came before the Court by way of an appeal lodged by Sahin Akkoyun & Suat Salik t/a Capital Kebab House against an Adjudication Officer’s decision r-157013-te-15. The Adjudication Officer upheld a claim made by Mr Ismet Aydogan and awarded him the sum of €1,500. Mr Ismet Aydogan claimed that his employer failed to provide him with a statement containing the particulars of his contract of employment, contrary to Section 3 of the Terms of Employment (Information) Act 1994 (the Act).
For ease of reference the parties are given the same designation as they had at first instance. Hence Mr Ismet Aydogan will be referred to as “the Complainant” and Sahin Akkoyun & Suat Salik t/a Capital Kebab House will be referred to as “the Respondent”.
The Complainant was employed by the Respondent as a General Operative from 14thJuly 2012 until 16thJanuary 2015. The Complainant referred his complaint to the Workplace Relations Commission under the Act on 16thJune 2015.
The Respondent accepted that the Complainant was not furnished with a statement containing the particulars of his contract of employment and thereby accepted that the provisions of Section 3 of the Act had not been complied with. However, he submitted that at all times the Complainant was aware of his terms and conditions of employment, i.e. he was required to work the same hours each week and was paid his full entitlements. Based on the uncontested evidence given, the Court finds that there was a breach of Section 3 of the Act.
Determination
The Court determines that the Respondent must pay the Complainant the sum of €1,500 as compensation in respect of the breach of the Act. This payment should be made within six weeks of the date of this determination. Accordingly, the Court upholds the Adjudication Officer’s Decision and rejects the Respondent’s appeal.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
19 April 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Michael Neville, Court Secretary.