ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003049

Complaint(s)/Dispute(s) for Resolution:  

Date of Adjudication Hearing: 24/08/2016

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure: 

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Attendance at Hearing: 

Complainant’s Submission and Presentation:

Respondent’s Submission and Presentation:

The Claimant commenced employment as a Network Catering Assistant in January 2004. He was issued an employment contract and attended an induction course. In November 2005 he requested a copy of his contract which was on file. He was given a copy on 14 November 2005.

In April 2007 he was transferred in another role when he was given a further written statement about his role. In 2010 the Claimant applied for a secondment to a position in Customer’s Service’s. He was again given a letter outlining his employment terms. In May 2012 the Claimant in common with his colleagues across the company received another letter outlining his terms of employment along with a company handbook.

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.

[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.

Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]

Issues for Decision:

Was the Claimant furnished with terms of employment?

Legislation involved:

Section 7 of the Terms of Employment (Information) Act 1994

Decision:

I have considered the submissions of both parties. From the documentation provided by the Respondent it is clear that the Claimant at all times received details of his terms of employment including the Staff Handbook (which available on line). To ensure that there is no doubt the Claimant should receive another copy of this Handbook.

I do not find his claim well founded and it fails.

Dated:   23 November 2016