ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006348
Complaint(s):
|
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-00008719-001 | 12/12/2016 |
Date of Adjudication Hearing: 30/05/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Location of Hearing: The Radisson Blu Hotel, Limerick
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 7 of the Terms of Employment Information Act 1994 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).
Background:
The Complainant submitted a claim that she did not receive a written statement of her terms and conditions of employment. The Complainant also submitted a number of other issues in her Complaint form but these were not for decision under the Terms and Employment Information Act 1994 which the Complainant submitted her complaint under. |
Summary of Complainant’s Case:
The Complainant was employed from October 11th 2016 to November 30th 2016 and did not receive a written statement of her terms and conditions of employment as per Section 3 of the Act. |
Summary of Respondent’s Case:
The Respondent was not present at the Hearing. |
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.
Sec 3 of the 1994 Terms and conditions of employment Act states ”An employer shall , not later than two months after the commencement of an employees 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 employees employment “. As the Complainant had not reached two months of service the Respondent was not in breach of the Act as the time limit to provide the written terms of employment had not expired. The claim fails accordingly.
Dated: 02/06/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
No written terms of employment |