EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Aer Lingus (Ireland) Limited – appellant TE110/2015
TE111/2015
TE112/2015
against the recommendation of the Rights Commissioner in the case of
Marcin Turczyk – respondent 1
Rafal Wilczkiewicz – respondent 2
Lucasz Kaczmarek – respondent 3
under
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath BL
Members: Mr N. Ormond
Ms M. Mulcahy
heard this appeal at Dublin on 1st September 2016
Representation
Appellant Ms Zelda Cunningham of Arthur Cox Solicitors,
Earlsfort Centre, Earlsfort Terrace, Dublin 2
Respondents Mr Richard Grogan, Solicitor,
16 – 17 College Green, Dublin 2
The determination of the Tribunal is as follows:
This case came before the Tribunal as an appeal by an employer of the recommendations of the Rights Commissioner reference numbers r-152534-te-14/EH, r-152207-te-14/EH and r-152200-te-14/EH under the Terms of Employment (Information) Acts 1994 to 2001.
The appellant’s case is that the three respondents were each given contracts of employment. Due to operational requirements details of break times were communicated to them by their supervisor and that they did receive the breaks they are entitled to. Further, the appellant’s evidence is that the contracts are largely compliant and therefore the de minimis rule applies in that the prescribed obligation has been substantially, and therefore adequately, complied with.
The respondents’ representative told the Tribunal that the contracts given to them were deficient in two areas: (1) the times and durations of breaks were not included and (2) the information required under S. 23 of the Minimum Wage Act is not specified.
Determination
The Tribunal has carefully listened to the evidence adduced. The Tribunal allows the findings of the Rights Commissioner in so far as the 3 individuals’ contracts did not specify sufficiently the break entitlements (albeit within the parameters of operational difficulties) and did not refer to the statement provided for in the National Minimum Wage Act.
These omissions amount to breaches of the legislation and whilst no detriment or prejudice is shown, nor is there any obligation to so show. In all the circumstances the Tribunal awards €100.00 to respondent 1, following receipt of a copy of a contract of employment signed by him. Respondents 2 and 3 are each awarded €150.00 and the recommendations of the Rights Commissioner are so varied.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)