ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004916

Complaint for Resolution:

Date of Adjudication Hearing: 14/11/2016

Workplace Relations Commission Adjudication Officer: Louise Boyle

Procedure:

In accordance with Section 41(4) 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.

Complainant’s Submission and Presentation:

The complainant was unrepresented and was happy to proceed unrepresented.

The claimant commenced employment on 11^th April 2016. He said his wages were €520.00 nett weekly inclusive of a €70 allowance. He advised that he requested payslips and contract of employment numerous times from the respondent but never received same. He also advised that he was still awaiting his P45 from the respondent. He resigned his position because of these issues on 15 August 2016.

He understood that the claim which he submitted was a claim the under Terms of Employment (information) Act 1994 but stated that he wanted to include other claims such as in relation to pay under that piece of legislation.

Respondent’s Submission and Presentation:

The respondent was happy to proceed unrepresented.

He provided a brief submission on the day. He advised that the complainant was paid 470.70 gross weekly and disputed claims around the allowance afforded to the complainant.

The respondent stated that he furnished the complainant with his contract of employment around the middle of May and that all employees at the company have been given a contract of employment (there are 3 others employed). He did not have a copy of the contract available on the day and advised that the complainant did not sign the contract of employment but that there had been approximately four conversations with the complainant where he asked the complainant to sign it. There were no witnesses to these conversations. The respondent advised that the complainant’s other claims regarding lack of payslips, payments owing and hours of work and time of rest were outside the jurisdiction of the Terms of Employment (Information) Act 1994. Notwithstanding that, the Respondent advised that payslips and P45 had been forwarded to the complainant’s home address.

Issues for Decision:

Section 41(4) 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.

Legislation involved and requirements of legislation:

Terms of Employment (Information) Act, 1994                                

Section 3 (1) of the Terms of Employment (Information) Act, 1994 states that 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 … terms of the employee's employment.”

Sec 7 (2) (d) of the Act orders “…the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 4 weeks remuneration in respect of the employee's employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act, 1977”

Findings:

Following the hearing, the complainant emailed details around what appeared to be figures pertaining to additional payments due to him and stated he was also attaching a voice recording, however there was no voice recording attached. The complainant was advised of this by the WRC and asked to clarify his email but no further correspondence was received from him. A copy of correspondence received from the complainant was forwarded to the respondent and no response was received.

While the complainant stated at the hearing that he had additional claims which he wished to lodge against the respondent under the Terms of Employment (Information) Act 1994, he was advised that the additional complaints which he may have, may not be covered under the Terms of Employment (Information) Act 1994.   He confirmed that he knew this. While it was difficult at times to understand what were the nature of the other complaints that the complainant had, they appear to be in relation to payments owed and I do not, have jurisdiction to ‘combine’ these complaints under the Terms of Employment (Information) Act 1994 and I cannot make a decision in relation to them. I have noted the commitment given by the Respondent that he will forward outstanding payslips and P45 to the complainant at the earliest opportunity.

With regard to the Complainant’s claim that he never received a contract of employment while the respondent has advised that the Complainant was given the contract of employment, in the absence of any evidence confirming that a contact was given to the complainant, I must prefer the evidence of the complainant and declare that complaint is well founded and succeeds.

Decision:  

CA-00006996-001 (Terms of Employment (Information) Act, 1994)

Section 41(4) 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.

In respect of complaint CA-00006996-001 I uphold the complaint under section 7 of the Terms of Employment (Information) Act, 1994 and award the complainant €750.00 to be paid within forty two days of the date of this decision.

Dated:   15 February 2017