ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003626

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-00005278-001	17/06/2016

Date of Adjudication Hearing: 18/08/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Act, 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 complainant has been employed as a sous chef at the respondent’s hotel since September 2001. The business was taken over under a TUPE in March 2016. The implied terms of contract have been changed in breach of s. 5 of the Act without the proper notification. Written terms and conditions of employment were not provided within two months of the beginning of the employment.

Decision:

The complainant made a number of extraneous complaints not covered by this enactment. Based on the uncontested evidence adduced at hearing I find that the complaint is well founded. I hereby require that the respondent apply the implied terms and conditions of employment which the complainant enjoyed prior its acquisition of the business and pay compensation in the amount of €300 (say three hundred euro) for breach of the Act.

Dated: 26/05/2017