FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2012 PARTIES : BKS ENGINEERS - AND - BRIAN MC GUCKIN DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms O'Donnell |
1. Appeal of Adjudication Officer Recommendation No: r-157108-te-15/EH
BACKGROUND:
2. This is an appeal by Mr Brian McGuckin of Adjudication Officer's Recommendation No: r-157108-te-15/EH. A Labour Court hearing took place on 4th February 2016. The following is the Court's Determination:
DETERMINATION:
This is an appeal by Mr Brian McGuckin (hereafter referred to as “the Complainant”) against a decision of an Adjudication Officer in his claim against his former employer BKS Engineers (hereafter referred to as “the Respondent”), under the Terms of Employment (Information) Act, 1994 – 2012 (the Act).
The Adjudication Officer found that the complaint was well founded in part in that the Complainant was furnished with a written contract within two months of the commencement of his employment, however, it did not fully comply with the requirements of Section 3 of the Act. He ordered the Respondent to supply the Complainant with a complete written contract of employment incorporating details of his employer’s correct name, details of the applicable pension arrangements in place and details of the applicable grievance and disciplinary procedures.
Background
The Complainant was employed by the Respondent as a General Maintenance Operative from 2ndSeptember 2013 until 8thJanuary 2014 and on a second occasion from 29thApril 2014 until 26thMarch 2015. The Complainant submitted that he had not received a written statement of terms of employment in accordance with the provisions of the Act.
Position of the Parties
The Complainant submitted that the contract which he received following the Adjudication Officer’s Decision failed to indicate that he was required to work on a full time permanent basis and failed to give details of applicable overtime arrangements.
The Respondent stated that a contract of employment was furnished to the Complainant on 27thJune 2014. It specified that in accordance with the advertised job vacancy, the Complainant was employed on a temporary basis for approximately six months and outlined his hours of work as 7am to 3.30pm approximately, depending on the availability of work. Furthermore, the contract stated that he may be required to work on Saturday mornings for which he would receive time off in lieu. The Respondent submitted a copy of the original contract furnished to the Complainant dated 27thJune 2014 and the amended contract furnished post the Adjudication Officer’s Decision to take account of the Order made by him.
Conclusions of the Court
Section 3 of the Act provides that an employer is obliged to provide an employee with a written statement of terms of employment within two months of the commencement of employment. This statement must include,inter alia, details of whether the contract is temporary or permanent, and if temporary the expected duration of the contract and any terms or conditions relating to hours of work (including overtime).
The Court has examined the contracts submitted to it and having considered the submissions made by both sides, it is satisfied that the Respondent was generally compliant with the statutory provisions of the Act complained of which were referred within the statutory time limit provided by Section 7 (3) of the Act.
Accordingly, the Court finds that the Complainant’s complaints are not well founded.
Determination
The Court upholds the Adjudication Officer’s Decision, it notes the amendments made by the Respondent to comply with the Adjudication Officer’s Order. The Court rejects the Complainant’s appeal.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th February 2016______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.