ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005010

Parties:

Complaint(s):

Date of Adjudication Hearing: 15/02/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Location of Hearing: Radisson Blu Hotel Cork

Procedure:

In accordance with Section 41 of the Workplace Relations Act, and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, 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).

CA -00005640-001

Background

The claimant worked for the respondent from May 2006 to the 16th of January 2016 as head doorman. He was paid weekly and received €228 gross per week. The claimant submitted that he did not receive a contract of employment in accordance with section 3 of the Act.

Findings

I find that issues have arisen who is the exact respondent and this case should be read in conjunction with reference ADJ 5090.

I find that in accordance with section 3 of the Terms of Employment (Information) Act 1994

(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.

(2) A statement shall be given to an employee under subsection (1) notwithstanding that the employee's employment ends before the end of the period within which the statement is required to be given.

(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.

Decision:

Section 41 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 that based on the uncontested evidence and in line with the spirit of the legislation I award the claimant €900 in compensation.

CA 00005640-002

CA-00005640003

Background

The claimant was employed from the May 2006 to the 16th January 2016 it was submitted that he was unfairly dismissed and that he did not received his redundancy payments in accordance with the acts

Findings

I find that based on the uncontested evidence submitted by the claimant that he was employed by the respondent company from May 2006 to the 16th January 2016. I find that he was dismissed by reason of redundancy.

Decision

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Based on the uncontested evidence I find that the claimant was Unfairly Dismissed by reason of redundancy and he is entitled to redundancy payment s in accordance with the acts for his service from May 2006 to the 1st January 2016 of €4700 along with notice 4 weeks notice of €913 gross.

Dated:   7^th June 2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell