FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : TESCO IRELAND LIMITED (REPRESENTED BY IBEC) - AND - BARBARA MACIEJEWSKA (REPRESENTED BY INDEPENDENT WORKERS UNION) DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer's Decision No: ADJ-00001541.
BACKGROUND:
2. This is an appeal under Section 8(1) of the Terms of Employment (Information) Acts, 1994 to 2014. A Labour Court hearing took place on 13 December 2017. The following is the Court's Determination:
DETERMINATION:
This matter comes before the Court as an appeal of a decision of an Adjudication Officer in a complaint by Barbara Maciejewska (the Appellant) made on 21stJanuary 2016 under the Terms of Employment (Information) Act, 1994 (the Act) that her former employer TESCO Ireland (the Respondent) had failed to provide her with a written statement of her terms and conditions of employment as required by the Act at section 3.
The Adjudication Officer, in a decision dated 7thJuly 2016, found that the complaint under the Act failed.
The appeal to the Court was received on 17thAugust 2016.
The case
It is common case that the Claimant commenced employment with the Respondent in July 2014. It is also common case that the Appellant received and signed a contract of employment in August 2014.
The Act at Section 3 in relevant part provides as follows:
- 3.—(1) An employer shall, not later than 2 months after the commencement of an employee's employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee's employment,…
The Appellant contends that she did not receive a copy of the staff handbook until 10 months after her employment commenced. She contended that the failure to provide her with a copy of the handbook within two months of the commencement of her employment in July 2014 was a breach of the Act.
Position of the Respondent
The Respondent contended that the Appellant did receive a copy of the handbook upon her attendance at an induction training programme in July 2014. The Respondent also submitted that the Appellant had received a written statement of her terms and conditions of employment in August 2014 in the form of her contract of employment.
Discussion
The Appellant has contended that she did not receive a copy of the staff handbook within two months of the commencement of her employment. She has not identified the section of the Act which would require the Respondent to supply her with a staff handbook.
The Appellant acknowledges that she did receive a written statement of her terms and conditions and employment within two months of the commencement of her employment. The Appellant has not identified to the Court any provision of the Act at Section 3 which was not met by the written statement provided to her by the Respondent.
Determination
The Court determines that the Respondent was not in breach of the Act at Section 3 and the complaint is not well founded. The decision of the Adjudication Officer is affirmed and the appeal fails.
Signed on behalf of the Labour Court
Kevin Foley
19 December 2017.______________________
MNChairman
NOTE
Enquiries concerning this Determination should be addressed to John Deegan, Court Secretary.