FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2012 PARTIES : PHILMIC LIMITED T/A PREMIER LINEN SERVICES (REPRESENTED BY PENINSULA BUSINESS SERVICES (IRELAND) LIMITED) - AND - EDGARS PETRAITIS (REPRESENTED BY RICHARD GROGAN AND ASSOCIATES, SOLICITORS) DIVISION : Chairman: Mr Foley Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. An appeal of an Adjudication Officer's Decision no: r-155644-te-15/RG.
BACKGROUND:
2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on the 18th February 2016 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2012. A Labour Court hearing took place on the 19th April 2016. The following is the Decision of the Court.
DETERMINATION:
This is an appeal by Edgaras Petraitis (the Appellant) against a decision of an Adjudication Officer / Rights Commissioner made in his claim against Philmic Ltd t/a Premier Linen Services (the Respondent) under the Terms of Employment (Information) Act, 1994 (the Act). The Adjudication Officer / Rights Commissioner declared that the case of the Appellant was not well-founded.
Preliminary Issue
The Appellant contended that the Respondent’s representatives had no automatic right of representation before the Court in the within case.
The Court considered this matter in accordance with Section 44 of the Workplace Relations Act, 2015 (the Act of 2015). The Court, in accordance with the provisions of Section 44(9)(a)(iv) of the Act of 2015, decided to permit the Respondent to be represented by Peninsula Business Services ltd.
The Case
The Appellant contended that the Respondent had breached the Act at Section 3. The Appellant contended that no statement had been provided to the Appellant which met the requirements of Section 3 of the Act.
The Respondent contended that the Appellant had been provided with a statement as required by the Act.
Discussion
The Court heard evidence from the parties as regards the material which was supplied to the Appellant in purported fulfilment of the Respondent’s obligations under the Act at Section 3. The Court is satisfied that the Appellant was supplied with a document headed ‘Statement of Main Terms of Employment’ within the timeframe set out at Section 3(1) of the Act and that he acknowledged receipt of that document by signature dated 26thAugust 2012. The Court is also satisfied, on the balance of probability, that the Appellant was supplied on that date with a booklet entitled ‘Employee Handbook’ which was dated 2010 at page 2 of that booklet.
The Appellant contends that the material supplied to him was inadequate in that it did not meet the requirements of the Act at Section 3 in relation to information as to hours of work, Sunday Working, Annual Leave, Public Holiday Working and as regards Sections 3(g) and 3(ga).
The Court is satisfied that the material supplied to the Appellant complied with Section 3 of the Act in all respects save for Sections 3(g) and 3(ga). No submission has been made to the Court as regards a detriment accruing to the Appellant as a consequence of this deficiency in the material supplied to the Appellant.
Any claim of the Appellant as regards the operation of Sunday Working arrangements, Public Holiday Working arrangements or Annual Leave arrangements in the Respondent’s employment must be made in accordance with the terms of relevant legislation. The Court cannot address such matters in the within case.
Determination
The Court finds that the Respondent was in breach of the Act at Section 3(g) and 3(ga). No submission has been made to the Court to the effect that the Appellant suffered any detriment as a result of these breaches. The Court measures the compensation amount which is just and equitable having regard to all of the circumstances of this case as being nil. The recommendation of the Adjudication Officer / Rights Commissioner is varied accordingly.
Signed on behalf of the Labour Court
Kevin Foley
COR______________________
8th June 2016Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Clodagh O'Reilly, Court Secretary.