ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008978
Parties:
| Complainant | Respondent | |
| Anonymised Parties | Sales Manager | Confectionary Company |
Complaint:
| Act | Complaint / Dispute Reference No | Date of Receipt |
| Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00011850-003 | 12/06/2017 |
Date of Adjudication Hearing: 23/10/2017
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant was employed as Sales Manager from 3rd January 2017 to 23rd April 2017. He was paid €48,000 per annum. He has claimed that he wasn’t notified of a change in his contract.
Summary of Complainant’s Case:
The Complainant stated that he was notified of the change to his contract on 10th April 2017 concerning a change to his terms and conditions of employment that took effect from January 2017. He was not notified in writing within one month after the change. He has sought compensation.
Summary of Respondent’s Case:
The Respondent stated that he handed him the contract in January 2017. He e-mailed him a copy of the contract in April 2017. This claim is rejected
Findings and Conclusions:
I note the conflict of evidence in this case. I fail to understand why the Respondent would wait to email the Complainant until April. I find that the Respondent has no evidence that he handed the change of contract in January 2017 to the Complainant. On the balance of probability, I find that the Complainant was not notified of the change in terms and conditions of employment until April 2017. I find that this is in excess of one month after the change and so is breach of Sec 5 of this Act. Sec 5 of this Act states “ the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than (a) 1 month after the change takes effect”
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act. I have decided that the Respondent has breached Sec 5 of this Act.
I require the Respondent to pay the Complainant compensation of €1,250 within six weeks of the date below.
Dated: 15 December 2017
Key Words: Notification of change to contract