ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Decision Reference: ADJ-00001711

Complaint/Dispute for Resolution:

Date of Adjudication Hearing: 11/05/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Venue: Ardboyne Hotel, Navan, Co. Meath.

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 following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.

Background

The Complainant worked on a Job Bridge initiative with the Respondent from July 2014 to March 2015. In April 2015 when the project was completed the Complainant was offered a position for a three month period. He was paid a monthly salary of €2,083 gross. He was offered a permanent position with the respondent organisation but he declined this offer and preferred to work on a month to month basis. He worked on this basis for 6 months then left the organisation. He alleges that he was not provided with a written statement outlining his terms and conditions of employment contrary to section 3.1 of the Terms of Employment (Information) Act 1994.

Complainant’s Submission:

The Complainant stated that he did not receive a written statement outlining his terms and conditions of employment for the period that he worked for the organisation contrary to section 3.1 of the Terms of Employment (Information) Act 1994. As a result of the above he did know his official job title or the nature of the work for which he was being employed. He did not know the method of calculation of his remuneration or the intervals between the times at which remuneration is paid and therefore he had no fixed payment date each month. He did not know the period of notice which he was required to give and entitled to receive. He requested the Respondent to supply him with a written statement on several occasions without success. The Respondent was fully aware of their obligations in this regard.

Respondent’s Submission:

The Respondent accepts that the Complainant was not provided with a written statement outlining his terms and conditions of employment at any time during the course of his employment. However the Complainant was not compromised in any way as he was verbally advised on matters relating to his terms and conditions. The Respondent looked after the Complainant in assisting him in gaining experience during his course of employment. He was offered a permanent position with the Respondent which he declined. The Complainant resigned from his position of his own volition.

Findings:

The Respondent accepts that the Complainant did not receive a written statement outlining his terms and conditions of employment for the 9 month period that he was employed. The Respondent stated that this was due to an administrative oversight.

I note that the Respondent offered permanent employment to the complainant which he declined. I also note that the Complainant was afforded excellent training and opportunities by the Respondent. However the Respondent should have provided the Complainant with a written statement outlining his terms and conditions of employment as provided for under section 3.1 of the 1994 Act.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint/dispute 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 by both parties at the hearing I find that the complaint is well founded. I order the Respondent to pay to the Complainant compensation in the sum of €481 for breaches of section 3.1 of the Terms of Employment (Information) Act 1994. This sum must be paid within 6 weeks of the date of this decision.

Dated:   29^th July 2016