ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003347
Complaint(s)/Dispute(s) 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-00004937-001 | 30/05/2016 |
Date of Adjudication Hearing: 23/11/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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).
Complainant’s Submission and Presentation:
The Claimant made a complaint under the Terms of Employment (Information) Act 1994. She has been employed with the Respondent since December 2013 and has not received written terms of employment. The Claimant raised other matters that are not covered under this Act. |
Respondent’s Submission and Presentation:
The Respondent advised the Hearing that the Claimant received a contract on 22 November 2016 which complies with the 1994 Act.
Decision:
Section 41(4) 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 have considered the submissions of both parties. Section 3 (1) of the 1994 Act requires an employer to provide a written statement of terms of employment within two months after the commencement of employment. The Claimant commenced employment on 24 December 2013 but only received written terms of employment on 22 November 2016. This is in breach of the Act.
I find the claim well founded and award €300.00 in compensation.
Dated: 15 March 2017