ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00009758

Parties:

Complaints:

Date of Adjudication Hearing: 06/11/2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts 1969 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

1)Industrial Relations Act CA 12776-001

Findings and Conclusions:

2)Terms of Employment (Information) Act CA 12776-002

Summary of Complainant’s Position

The Complainant stated that he was not issued with a written contract of employment.

Summary of Respondent’s Position

The Respondent stated that he was employed on a trial period from 23^rd March and was offered a full-time job to commence on 3^rd April 2017. He had been spoken to on 27^th and 29^th March 2017. It was confirmed that he would be offered a full-time contract from 3^rd April 2017 and he would be given a written contract of employment and required to sign it. As the person who deals with HR works only two days per week the contract was left on his desk and it was signed by the Respondent. He never signed it and when he had left the employment the contract was found on his desk in the envelope. A copy was produced with the Respondent’s signature and it was dated 7^th April 2017. This complaint is rejected.

Findings & Conclusions

I note the conflict of evidence in this case.

I note the copy supplied by the Respondent was signed by the Respondent.

I note that Sec 3 (4) of this Act states, “A statement furnished by an employer under subsection (1) shall be signed and dated by or on behalf of the employer”.

On the balance of probability, I find that the Respondent issued a written statement of employment.

Therefore, I find that this complaint is not well founded and it fails.

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.

3) Payment of Wages Act CA 12776-003

Summary of Complainant’s Position

The Complainant withdrew his complaint under this Act.

Summary of Respondent’s Position

The Respondent noted the withdrawal of this complaint. However, they added that they accept that the Complainant is due €367.32 in holiday pay.

Findings & Conclusions

I note that this complaint was withdrawn.

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.

I have decided that no decision is warranted as this complaint was withdrawn.

4) Minimum Notice & Terms of Employment Act CA 12776-004

Summary of Complainant’s Position

The Complainant stated that he believed that his employment commenced on 23^rd March 2017 not 3^rd April. Therefore, he has 14 weeks continuous service and so was entitled to one week’s pay in minimum notice.

Summary of Respondent’s Position

The Respondent stated that he was engaged on a trial basis on 23^rd March 2017, on the understanding that he would be paid for the work but if he was offered a fulltime job his employment would formally commence on 3^rd April. He was successful in the trial and so he was offered a full-time contract to commence on 3^rd April 2017. Therefore, he does not have 13 weeks’ continuous service and so was not entitled to minimum notice.

Findings & Conclusions

I note that the Complainant commenced employment on 23^rd March. I find that he worked for the Respondent and in return they paid him wages for this trial.

Therefore, I find that he entered into an employment contract to work for a consideration so this was a contract of employment commencing on 23^rd March 2017.

Therefore, I find that he has 13 weeks’ continuous service and so is entitled to one weeks’ minimum notice amounting to €406.15.

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.

I have decided that the Respondent has breached this Act.

I order the Respondent to pay the Complainant €406.15 within six weeks of the date below.

Dated:   20^th November 2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

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