ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00005544
Parties:
| Complainant | Respondent |
Parties | A Dental Assistant | A HealthCare Company |
Complaint:
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-00007717-001 | 19/10/2016 |
Date of Adjudication Hearing: 04/04/2017
Workplace Relations Commission Adjudication Officer: John Walsh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and under 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.
Background:
The Complainant was employed as a Dental Assistant with the Respondent from the 26th of January 2016 to the 4th of September 2016. She alleges that the Respondent did not provide her with a written statement outlining her Terms and Conditions of Employment contrary to Section 3(1) of the Terms of Employment (Information) Act, 1994. She filed a compliant wit the Workplace Relations Commission on the 19th of October 2016. |
Summary of Complainant’s Case:
That a Contract of Employment was submitted to her by the end of May 2016. She did not agree with the content of this contract and refused to sign it. That she should have been provided with a Contract of Employment within to months of her commencement of her employment, therefore the Respondent is in breach of Section 3(1) of the 1994 Act. |
Summary of Respondent’s Case:
The Respondent did not attend at the hearing. |
Findings and Conclusions:
Section 3(1) of the Terms of Employment (Information) Act provides; ‘An employer shall, not later than two months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the Employee’s Employment that is to say …’ As the Respondent failed to provide the Complainant with a contract of employment within two months of her commencement there is therefore a breach of Section 3(1) of the 1994 Act. |
Decision:
Section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Section 7 of that Act. Based on the uncontested evidence presented at the hearing, I find that this complaint is well-founded. I order the Respondent to pay to the Complainant €867 for breaches of Section 3(1) of the Terms of Employment (Information) Act, 1994. |
Dated: 08 May 2017
Workplace Relations Commission Adjudication Officer: John Walsh