ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001151

Complaint for Resolution:

Date of Adjudication Hearing: 28th September 2016

Workplace Relations Commission Adjudication Officer: Seán Reilly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act 2015 and Section 7 of the Terms of Employment (Information) Act 2994 and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant had submitted a complaint that she was not notified in writing of a change made in the particulars of the (original) statement provided to her under Section 3 of the Terms of Employment (Information) Act 1994; i.e. an alleged breach by the Respondent of the provisions of Section 5 of the Act.  

However the Complainant confirmed at the hearing that her complaint did not refer to any alleged breach of the provisions of the Terms of Employment (Information) Act 1994 and referred to other matters not covered or comprehended by the 1994 Act (it referred primarily to an allegation that she had not been given a job on promotion that she had been promised and that she had not been paid the correct rate while acting up as a store manager) – and she accepted that accordingly the matters could not be dealt with in any complaint under the Terms of Employment (Information) Act 1994.

Findings and Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 7 of the Terms of Employment (Information) Act 1994, requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under the same Section of the 1994 Act.

I have carefully considered the evidence and submissions made and I have concluded as follows.

At the hearing the Complainant confirmed that her complainants did not refer to any alleged breach of the provisions of the Terms of Employment (Information) Act 1973 and she accepted that accordingly those matter could not be dealt with in any complaint under that Act.   Accordingly I must find and declare that the complaint under Section 7 of Terms of Employment (Information) is not well founded; it is rejected and it is not upheld.

Seán Reilly, Adjudication Officer.

Dated:   7^th December 2016