FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2012 PARTIES : REDWELD ENGINEERING LIMITED (REPRESENTED BY LANIGAN & CURRAN SOLICITORS) - AND - CHRISTOPHER ROYLE (REPRESENTED BY GAFFNEY, SOLICITORS DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer Decision No. ADJ-00001794.
BACKGROUND:
2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on the 16 December 2016 in accordance with Section 8(1) of the Terms of Employment (Information) Act, 1994 to 2001. A Labour Court hearing took place on the 12 April 2017. The following is the Decision of the Court.
DETERMINATION:
This is an appeal by Redweld Engineering Limited against an Adjudication Officer’s Decision given under the Terms of Employment Information Act, 1994 (the Act). The Adjudication Officer upheld the claim made by Mr Christopher Royle against his former employer and he awarded him the sum of €1,600.00 for the breach of the Act found to have occurred.
In this Determination the parties are referred to as they were at first instance. Hence Redweld Engineering Limited is referred to as the Respondent and Mr Christopher Royle is referred to as the Complainant.
The Complainant referred his complaint to the Workplace Relations Commission under the Act on 9thFebruary 2016.
The Respondent failed to attend the hearing before the Adjudication Officer for reasons which were explained to the Court.
The Complainant was employed by the Respondent from 19 October 2015 until 2 February 2016.
The Respondent accepted that the Complainant was not furnished with a statement containing the particulars of his contract of employment and thereby accepted that the provisions of Section 3 of the Act had not been complied with. Based on the uncontested evidence given, the Court finds that there was a breach of Section 3 of the Act. However, the Court does not concur with the quantum of the redress decided on by the Adjudication Officer and in all the circumstances of this case awards the sum of €400.00 for the breach of the Act.
Determination
The Court determines that the Respondent must pay the Complainant the sum of €400.00 as compensation in respect of the breach of the Act. This payment should be made within six weeks of the date of this Determination. Accordingly, the Court varies the Adjudication Officer’s Decision and upholds the Respondent’s appeal in part.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
LS______________________
26 April 2017Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.