ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007003
| Complainant | Respondent |
Anonymised Parties | Director of Nursing | Health Provider |
Complaint:
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-00009530-001 | 03/02/2017 |
Date of Adjudication Hearing: 18/04/2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Location of Hearing: Room G.05 Lansdowne House
Procedure:
In accordance with Section 41 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.
Background:
The Complainant is employed as Director of Nursing/National Lead since 1st October 2015. She is paid €75,766 per annum. She has claimed that the Respondent has breached Sec 3 of this Act and she has sought compensation. |
Summary of Complainant’s Case:
1)Contract issued late The Complainant stated that she took up employment on 1st October 2015 but did not receive a contract within the two months as prescribed by Sec 3 of this Act. 2)Title She stated that she was given a Pay Grade not a title as is prescribed by Sec 3 of this Act. 3) No Job Description She stated that the contract that was eventually given to her did not list her duties as is prescribed by Sec 3 of this Act. 4)Remuneration She stated that her remuneration was incorrect. |
Summary of Respondent’s Case:
The Complainant transferred into this employment as a secondment. There were no changes to her terms and conditions. There was a transfer of duties.
1)Contract issued late |
The Respondent accepted that the contract of employment was not issued within two months of commencement of employment.
2) Title
The generic title is Director of Nursing. Her title was unclear.
3) No Job Description
The job description that she [provided as part of the paperwork that formed the basis for the transfer applied.
4) Remuneration
Her generic title is Director of Nursing and her salary of €75,600 is correct.
Findings and Conclusions:
I note that there has been considerable discussion/debate/ dispute relating to this employment relationship. This is a complaint under the Terms of Employment (Information) Act and I will only deal with the specific issues pertaining to that piece of legislation. |
1) Contract issued late
Sec 3 (1) of this Act states,“ 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”.
I find that the contract was not issued within the two months as is required.
I find that the Respondent has breached Sec 3(1) of this Act.
2) Title
I note the conflict of evidence before this hearing.
I note that it is accepted that the title is unclear however the Respondent has referred to a generic title of Director of Nursing.
I find that the contract was not clear therefore I find that the Respondent has breached Sec 3(1) (d) of this Act.
3) No Job Description
I note that this was a secondment. I note that the Complainant received a job description but she would not accept it. This is an information act only. It does not require acceptance, just the provision of information.
I find that the job description was issued therefore this part of the complaint fails.
4) Remuneration
I find that the salary was stated so this part of the complaint fails.
I note that Sec 7 (2) (d) of the Act states, “compensation of such an amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 4 weeks remuneration”.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have decided that the Respondent has breached Sec 3 of this Act in part only.
I order the Respondent to pay the Complainant compensation of €1,250 within six weeks of the date below.
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Dated: 06th July 2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Contract of employment |