ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00004896
Parties:
| Complainant | Respondent |
Anonymised Parties | Factory Worker | Accommodation and Food Services |
Representatives |
| Rachel Bradford Peninsula Business Services (Ireland) Ltd |
Complaint for Adjudication:
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-00006954-001 | 12/09/2016 |
Date of Adjudication Hearing: 27/02/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Location of Hearing: Lansdowne House, Dublin 4
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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.
Background:
The Complainant was employed from 23rd February 2015 until the employment terminated on 12th October 2016. The Complainant was paid €9.00 an hour and he worked on average 43 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 12th September 2016 alleging the Respondent had breached Section 3 of the Act. |
Summary of Complainant’s Case:
The Complainant stated he had not been provided with a written statement of his Terms and Conditions of Employment in breach of Section 3 of the Act |
Summary of Respondent’s Case:
The Respondent confirmed that the Complainant had not been issued with a written statement of his Terms and Conditions of Employment. The Respondent argued that on the basis of his complaint form the Complainant was aware of his job title, wages, his place of work and the name and address of the Employer and that the Complainant had not sought a statement during the course of the employment. |
Findings and Conclusions:
Section 3 of the Terms of Employment (Information) Act, 1994 provides that an employer must provide the employee with a written statements of his specified terms and conditions of employment within the period of two months of the commencement of the Employment. The evidence was that the Respondent did not provide the required statement to the Complainant during the course of the employment. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
In accordance with Section 41 (5) of the Workplace Relations Act, 2015, I declare the complaint is well founded. The Respondent has breached Section 3 of the Terms of Employment (Inform ion) Act, 1994. I direct the Respondent to pay the Complainant compensation of €800.00 within 42 days of the date of this Decision.
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Dated: 11th May 2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Terms of Employment |