ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002766

Complaint for Resolution:

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-00003825-003	13/04/2016
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012	CA-00003825-004	13/04/2016

Date of Adjudication Hearing: 22/11/2016

Workplace Relations Commission Adjudication Officer: Pat Brady

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 complaints.

Complainant’s Submission and Presentation:

There was a dispute about the complainant’s starting date with the respondent. He commenced on either September 29^th 2015 or October 19^th. No explanation was offered for the discrepancy. His employment terminated on February 17^th 2016 and he referred the complaint to the WRC on April 13^th.

He says he was never given a statement of his terms of employments as required by the above Act. He did not request one.

Complaint CA-00003825-004 was withdrawn at the hearing

Respondent’s Submission and Presentation:

The respondent denied that the complainant had not been furnished with a copy of the statement but could offer no evidence of having done so.

Conclusions and Findings

An obligation falls on an employer to provide an employee with a statement within two months of his commencement.

It was not in a position to do so.

Accordingly I find that the respondent did not comply with the requirement s of the Terms of Employment (Information) Act 1994.

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.

I uphold complaint CA-00003825-003 and award the complainant €25.00.

Complaint CA-00003825-004 was withdrawn at the hearing and falls.

Dated: 30^th January 2017