ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003975

Complaint(s)/Dispute(s) for Resolution:

Venue: Ardboyne Hotel, Navan, Co. Meath.

Date of Adjudication Hearing: 28/09/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 7 of the Terms of Employment (Information) Act, 1994 and under Section 11 of the Minimum Notice and Terms of Employment Act, 1973 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The Complainant was employed as a hire agent with the Respondent from the 22^nd of May 2015 to the 11^th May 2016. He alleges that he did not receive a written statement outlining his terms and conditions of employment contrary to Section 3(1) of the Terms of Employment (Information Act) 1994. He also alleges that he was not paid his minimum notice entitlements on the termination of his employment contrary to Section 11 of the Minimum Notice and terms of Employment Act, 1973.

Complainant’s Submission:

1. Complaint Ref:      No: CA-00005704-001 Re: Terms of Employment (Information) Act 1994

                                        CA-00005704-002 Re: Terms of Employment (Information) Act

The Complainant outlined the following submission;

That he did not receive a written statement outlining his terms and conditions of employment at any time during his course of employment.

Respondent’s Submission:

The Respondent outlined the following Submission;

That the Complainant did receive a contract of employment. That the Respondent did not hold a hard copy of the Complainant’s contract due to an administrative error. However the Complainant was not prejudiced in any way by this. The complainant was fully aware of his terms and conditions of employment and his usual place of work. He was aware of his start and finish times. It is acknowledged that the contract does not specify that the employee may, under Section 23 of the National Minimum Wage Act 2000, request a written statement of his average hourly rate of pay.

Findings:

As the respondent was unable to furnish a hard copy of the Complainant’s contract of employment at the hearing I find that this complaint is well founded.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act and under Section 7 of the Terms of Employment (Information) Act 1994.

Based on the evidence presented at the hearing, I find that the complaint is well-founded in that

The Respondent failed to provide a written statement to the Complainant outlining his terms and

conditions of employment in line with section 3(1) of the Terms of Employment (Information) Act 1994.

I order the Respondent to pay to the Complainant compensation in the sum of €800 for

breaches of section 3(1) of the Terms of Employment (Information) Act 1994. This sum should be

paid within 6 weeks of the date of this decision

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2. CA-00005704-008

      CA- 00005704-009      Section 11 of the Minimum Notice and Terms of      

      CA-00005704-010                        Employment Act 1973.

Complainant’s Submission:

The following is a summary of the Complainant’s Submission:

The Complainant alleges that he did not receive his minimum notice entitlements on the termination of his employment contrary to Section 7 of the Terms of Employment Act, 1973.

Respondent’s Submission:

The following is a summary of the Respondent’s submission;

That the Complainant was dismissed for gross misconduct and therefore he is not entitled to minimum notice pay. Section 8 of the Minimum Notice and Terms Of Employment Act 1973 states; “nothing in this act shall affect the right of any employer or employee to terminate a contract of employment without notice because of misconduct by the other party.”

Findings:

The Complainant advised the adjudicator that he has filed a complaint separately under the Unfair Dismissals Act, 1977 against the Respondent.

Decision:

I have no jurisdiction to determine on this matter as the Complainant has filed a complaint under the Unfair Dismissals Act 1977 and his alleged minimum notice entitlements will be decided in that forum.

Dated:   9^th December 2016