ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004012

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

Date of Adjudication Hearing: 20/09/2016

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and/or Section 8(1B) of the Unfair Dismissals Act, 1977, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s). 

Terms of Employment (Information) Act 1994

CA-00005842---002

Background

The claimant worked for the respondent from the 1^st January 2008 until the 5^th April 2016 as a van driver. He was paid €250 net per week. It was submitted that he did not received a contract of employment in accordance with the act.

Findings

The respondent did not attend.

Section 3 of the Terms of Employment (Information) Act 1994 states a contract of employment must be given to an employee within 2 months of commencing employment.

Decision:

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

Based on the uncontested evidence and taking into account the spirit of the legislation I award the claimant €750 in compensation.

Jim O Connell

Adjudicating Officer

12 December 2016