TED1632

This is the Company’s appeal from a decision of an Adjudication Officer (ADJ-00001808) dated 9 September 2016. The Company is, therefore, referred to in the within determination as the Appellant and Mr Davoust is referred to as the Respondent. The notice of appeal was received by the Court on 19 October 2016.

The Adjudication Officer upheld the complaint under the Terms of Employment (Information) Act 1994 at first instance. He found that the Appellant had failed to issue the Respondent with “the required statement under section 7” of the Act and awarded the Respondent compensation of €750.00.

The Respondent commenced his employment with the Appellant in June 2015 as an Administrative Assistant and was paid €20,000.00 per annum (i.e. approximately €384.62 per week). The Respondent resigned his employment on 5 February 2016. He submits that on that date he had requested an employment contract from the Appellant as he believed he hadn’t been provided with one previously.

The Appellant submits that it did, in fact, furnish the Respondent with a written statement of terms and conditions of employment in fulfilment of its obligations under the Act. It exhibited a copy of that statement dated 8 June 2015.

Statement of Terms and Conditions Required under the Act

Section 3 of the Act specifies the details that must be included in the written statement of terms and conditions that an employer is obliged to issue to each employee within two months of the employee commencing employment with that employer. Section 3(1) provides as follows:

• 3.—(1) An employer shall, not later than 2 months after the commencement of an
  employee’s employment with the employer, give or cause to be given to the
  employee a statement in writing containing the following particulars of the terms of
  the employee’s employment, that is to say—
  (a) the full names of the employer and the employee,
  (b) the address of the employer in the State or, where appropriate, the address
  of the principal place of the relevant business of the employer in the State
  or the registered office (within the meaning of the Companies Act, 1963),
  (c) the place of work or, where there is no fixed or main place of work, a statement
  specifying that the employee is required or permitted to work at various
  places,
  (d) the title of the job or nature of the work for which the employee is employed,
  (e) the date of commencement of the employee’s contract of employment,
  (f) in the case of a temporary contract of employment, the expected duration
  thereof or, if the contract of employment is for a fixed term, the date on
  which the contract expires,
  F5[(fa) a reference to any registered employment agreement or employment
  regulation order which applies to the employee and confirmation of where
  the employee may obtain a copy of such agreement or order,]
  F6[(g) the rate or method of calculation of the employee’s remuneration and the
  pay reference period for the purposes of the National Minimum Wage Act,
  2000,
  (ga) that the employee may, under section 23 of the National Minimum Wage
  Act, 2000, request from the employer a written statement of the employee’s
  average hourly rate of pay for any pay reference period as provided in that
  section,]
  (h) the length of the intervals between the times at which remuneration is paid,
  whether a week, a month or any other interval,
  (i) any terms or conditions relating to hours of work (including overtime),
  (j) any terms or conditions relating to paid leave (other than paid sick leave),
  (k) any terms or conditions relating to—
  (i) incapacity for work due to sickness or injury and paid sick leave, and
  (ii) pensions and pension schemes,
  (l) the period of notice which the employee is required to give and entitled to
  receive (whether by or under statute or under the terms of the employee’s
  contract of employment) to determine the employee’s contract of employment
  or, where this cannot be indicated when the information is given, the method
  for determining such periods of notice,
  (m) a reference to any collective agreements which directly affect the terms and
  conditions of the employee’s employment including, where the employer is
  not a party to such agreements, particulars of the bodies or institutions by
  whom they were made.

• (4) A statement furnished by an employer under subsection (1) shall be signed and
  dated by or on behalf of the employer.