ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003056

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 06/12/2016

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s). 

Terms of Employment (Information) Act 1994

The claimant commenced employment with the respondent on the 21^st July 2014 as a Head chef. He was paid a salary €865.38 gross per week. It was submitted on the claimant’s behalf that he was not provided with a contract of employment in accordance with the Act. The respondent stated that a contract was provided to the claimant but not within the time as specified by section 3 of the Act. The claimant disputed that he received any contract.

Findings

The complaint was received by the Workplace Relations Commission on 16^th May 2015

Section 3 of the Terms of Employment (Information) Act states;

(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, that is to say—

(a) the full names of the employer and the employee,

(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act, 1963 ),

(c) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places,

(d) the title of the job or nature of the work for which the employee is employed,

(e) the date of commencement of the employee's contract of employment,

(f) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires,

(g) the rate or method of calculation of the employee's remuneration,

(h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,

(i) any terms or conditions relating to hours of work (including overtime),

(j) any terms or conditions relating to paid leave (other than paid sick leave),

(k) any terms or conditions relating to—

       (i) incapacity for work due to sickness or injury and paid sick leave, and

     (ii) pensions and pension schemes,

(l) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee's contract of employment) to determine the employee's contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice,

(m) a reference to any collective agreements which directly affect the terms and conditions of the employee's employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.

I find that the claimant was not provided with a contract of employment in accordance with section 3 of the Act. I find that taking the spirit of the legislation into account I am making the following ;

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

I find the complaint to be well founded and I award the claimant €700 in compensation.

Jim O Connell

Adjudicating Officer

Dated:   9^th February 2017