FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2012 PARTIES : JR BONING (IRELAND) LTD (REPRESENTED BY ARRA HRD LTD) - AND - NIGMATAS ORLOVICIUS (REPRESENTED BY OLIVER COSTELLO, B. L., INSTRUCTED BY BARRY HEALY & COMPANY, SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Adjudication Officer's Decision No r-149504-te-14.
BACKGROUND:
2. On 14 March 2016 the Employer appealed the Adjudicator's decision to the Labour Court in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2012. A Labour Court hearing took place on 3 May 2016.
DETERMINATION:
This is an appeal by JR Boning (Ireland) Limited (the respondent) against a decision of the Rights Commissioner ref no r-149504-te-14 in which he decided that it had infringed section 3 of the Act and awarded the complainant compensation in the sum of €1,000. The respondent appealed against that decision to this Court.
The respondent in its appeal stated that, through an administrative malfunction on its part, it had not received notification of the hearing at first instance and consequently was not represented when that case was called. In the circumstances it sought return of the appeal fee.
The respondent company submits that the complainant was employed from 23 May 2009 until 22 May 2014. When he joined the company he was provided with a copy of the Company’s handbook and his contract of employment. It submits that the complainant was supplied with an English language version of these. It submits that he at all times led them to believe that he was fully competent in that language. It submits that he on occasions acted as a translator for other staff members.
It submits that in all the circumstances of the case it has discharged its obligations under section 3 of the Act.
The respondent submits that he was not provided with a copy of his contract of employment or of his terms and conditions of employment when he started work or within the statutory time limit. He submits that any documents that were given to him were in English whereas he speaks Lithuanian and does not understand English. He submits that the respondent failed to meet its obligations to him under section 3 of the Act.
Findings of the Court
The Court finds that the respondent did not provide the complainant with a copy of his contract of employment and of his terms and conditions of employment in English. The Court received evidence from the Complainant that he could not speak, understand or read English. No contrary evidence was presented to the Court.
Determination
Accordingly the Court finds that the respondent did not comply with section 3 of the Act.
The appeal is not allowed. The decision of the Rights Commissioner is affirmed.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
2 September 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Michael Neville, Court Secretary.