TED1713

This is Mr Kelleher’s (“the Complainant”) appeal from a decision of an Adjudication Officer (ADJ-00001932/JOC) dated 16 August 2016. The Complainant’s Notice of Appeal was received by the Court on 7 September 2016. The Court heard the appeal in Cork on 22 February 2017. Neither the Complainant nor the Respondent (Auto Exhausts & Windscreens Limited) attended the scheduled hearing before the Adjudication Officer. The Complainant informed the Court that he had not received notification of the first instance hearing. The Adjudication Officer found that the complaint under the Terms of Employment (Information) Act 1994 (“the Act”) fell for want of prosecution. The Respondent did not attend the hearing of the appeal.

Discussion and Decision

The Complainant was employed by the Respondent as a mechanic/windscreen fitter from June 1985 until 24 August 2015 when his employment terminated. The Complainant was paid €30,420.00 per annum. His evidence to the Court was that he did not receive a written statement of terms and conditions of employment at any stage during the course of his employment. He did request a written contract in or around March 2015 when there was a change of control in the Respondent company. However, the Complainant did not receive any written statement or contract in response to his request at that time or at any time thereafter.

On the basis of the Complainant’s uncontested evidence, the Court finds that the complaint under the Act is well-founded and awards the Complainant compensation of €1,170.00. This award is not in respect of remuneration or arrears of remuneration and is, therefore, non-taxable.

The Court so determines.

Signed on behalf of the Labour Court



Alan Haugh
13 June 2017______________________
MNDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Michael Neville, Court Secretary.