ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005070
Complaint 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-00007182-001 | 26/09/2016 |
Date of Adjudication Hearing: 08/12/2016
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 7 of the Terms of Employment (Information) Act 1994, 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.
Attendance at Hearing:
By | Complainant | Respondent |
Parties | A Worker | A Secondary School |
Representative | Margaret Egan De Courcey SIPTU | Colm Keher |
|
| Tony Joyce |
Complainant’s Submission and Presentation:
The complaint is that the respondent failed to furnish the complainant with written terms of conditions of employment as provided by the Act. |
The complainant commenced employment at the school in November 2004. He works on a permanent part-time basis from Monday to Thursday from 5pm to 11.pm. His remuneration is €12.48 per hour. The Terms of Employment (Information) Act requires that an employer furnish their employee with a written contract of employment specifying certain terms and conditions within two months of commencement of employment. It is submitted that the respondent failed to comply with this and maximum compensation of four weeks remuneration in compensation be awarded.
Respondent’s Submission and Presentation:
The respondent agrees that no actual written contract was provided in the time frame of the Act. The respondent however, submits that there is a written document outlining the duties of the post. The respondent further refutes the rate of pay quoted by the complainant’s representative.
Decision:
Section 3 of the Act provides that written terms of conditions of employment be provided to an employee by an employer within two months of commencement of employment. In this case, I find that that section was not complied with by the respondent. I note that the respondent has tried to furnish the complainant with detailed terms and conditions in November 2016. In this particular case, however I find the complainant’s complaint to be well founded and I require the respondent to pay to the complainant the sum of €500 compensation.
Dated: 10th March 2017