ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001576

Complaint for Resolution:

Date of Adjudication Hearing: 21/04/2016

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Complainant’s Submission and Presentation:

The complainant was employed in the respondent’s retail shop from February 25^th 2015 until September 4^th 2015.

She says that despite asking on many occasions for a ‘contract’ the employer did not give her one.

She said that she had never seen the document exhibited by the employer as being her statement of Terms of Employment. She denies that the incident referred to by the respondent when it claimed that she was approached in the restaurant to be given the document allegedly complying with the Act ever took place.

Respondent’s Submission and Presentation:

The employer produced its standard template contract of employment incorporating the requirements of the Terms of Employment (Information) Act.

Evidence was given by the Manager that she approached the complainant in the canteen in the company of other employees with the document and asked them to read, sign and return it.

A document was furnished in evidence which bore the complainant’s name but there was no evidence that she had seen it.

It was submitted that there was no obligation on it to maintain evidence that the contract had been seen by the employee and that its obligation was confined to ‘providing’ it.

The respondent said it had been the subject of a full NERA inspection which involved a check on the statements of compliance with the Terms of Employment (Information) Act and it had not been found wanting.

Conclusions and Findings

The Terms of Employment (Information) Act is very clear that an employee must be furnished with a statement under that act within two months of the commencement of their employment. The key action here is the transmission of the statement to the employee.

There is no requirement on the employee to sign the document although this is often sought as confirmation that the employee has seen the document. It may happen that employees will occasionally decline to sign the form and when that happens some other steps may be required to provide evidence of the company’s compliance.

Ultimately the onus will fall on the employer to show that it has complied with the requirements of the Act. The respondent failed to do so.

The employee stated her earnings as €12660.01 for the duration of her employment which was twenty seven weeks and two days giving her an approximate weekly wage of €462 per week.

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.

I have heard and considered all relevant evidence , oral and written that was laid before me, prior to, and in the course of the hearing.

I find that the complaint is well founded and I award the complainant €850 compensation under Section 7 (2) (d) of the Terms of Employment Information Act 1994.

Dated:   4^th July 2016