FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2012 PARTIES : KPS COLOUR PRINT LIMITED - AND - MAURYCY KLATT DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms O'Donnell |
1. Appeal of Adjudication Officer Decision No. R-158262-TE-15.
BACKGROUND:
2. This is an appeal by the employer and the employee under Section 8(1) of the Terms of Employment (Information) Acts, 1994 to 2012. A Labour Court hearing took place on 15 February 2017. The following is the Court's Determination:
DETERMINATION:
This case comes before the Court by way of an appeal by KPS Colour Print Limited (the Respondent) and by Mr Maurycy Klatt (the Complainant)of the decision of an Adjudication Officer in a complaint made by the Complainant that he had not been provided with a written statement of his terms of employment as required by the terms of Employment (Information) Act, 1994 (the Act).
The Act at Section 3 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, that is to say—
- (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,
- (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),
- (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,
- (h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,
(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) incapacity for work due to sickness or injury and paid sick leave, and
(3) The particulars specified in paragraphs (g), (h), (i), (j), (k) and (l) of the said subsection (1), may be given to the employee in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing those particulars which the employee has reasonable opportunities of reading during the course of the employee's employment or which are reasonably accessible to the employee in some other way.
(4) A statement furnished by an employer under subsection (1) shall be signed and dated by or on behalf of the employer.
(5) A copy of the said statement shall be retained by the employer during the period of the employee's employment and for a period of 1 year thereafter.
(6) (a) The Minister may by order require employers to give or cause to be given to employees within a specified time a statement in writing containing such particulars of the terms of their employment (other than those referred to in subsection (1)) as may be specified in the order and employers shall comply with the provisions of such an order.
(b) The Minister may by order amend or revoke an order under this subsection, including an order under this paragraph.
(7) This section (other than subsection (6)) shall not apply or have effect as respects contracts of employment entered into before the commencement of this Act.
Determination
It is common case that the Complainant was not provided with a written statement of his terms of employment by the Respondent.
The Court determines that the complaint is well founded and orders the Respondent to pay to the Complainant the sum of €1,200 which is equivalent to three weeks remuneration and being the amount which the Court considers just and equitable having regard to all the circumstances.
Signed on behalf of the Labour Court
Kevin Foley
LS______________________
24 February 2017Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.